THE Boustan TIKTOK CHALLENGE CONTEST
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. MESSAGE AND DATA RATES MAY APPLY.
1. Submission Period: The Boustan TikTok Challenge Contest (“Contest”) submission period begins at 1:00 a.m. EST on June 1, 2020 and ends at 1:00 a.m. EST on July 1, 2020 (“Submission Period”). The internal clock on the computer server of Boustan Franchises (the “Sponsor”) at which entries can be received will be the official time-keeping device for the Contest.
2. How To Enter: Eligible Participants may record a video of themselves and post the video to TikTok with the hashtags #BoustanChallenge and #contest during the Submission Period. Standard data transmission charges will apply to entries.
Eligible Participants must:
- be 18 years of age or older.
- produce an appropriate video depicting Participant.
- deliver the Submission prior to the end of the Submission Period by the method described in Section 2, above.
The ONE Submissions receiving the most “likes” on TikTok, as determined by TikTok, by 3:00 p.m. EST on July 5, 2020 will be deemed the winning entry (a “Winner”). 4 other Submissions will be chosen at random by the Sponsor and will be deemed winning entries (4 winners). The Winners will be announced via push notifications to each Winner’s TikTok notifications and inbox, at approximately 3:00 p.m. EST on July 6, 2020.
Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for inclusion. From time to time during or after the Submission Period, Sponsor may, in its sole discretion, choose to feature one or more Submissions on the Website or in one or more social media channels of Sponsor or its partners. Being featured on the Website or Social Media is unrelated to the voting and in no way reflects the possibility of the Submission being considered as a potential winner in the Contest.
Sponsor reserves the right to reject any and all Submissions which it believes may infringe on the rights of any third parties or do not comply with these Official Rules, in its sole discretion.
3. Eligibility: To be an Eligible Participant, you must be 18 years or older as of the date of entry and a legal residents of Quebec. Employees and influencer partners of Boustan Franchises (“Sponsor”), and its parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, provincial and local laws and regulations and is void where prohibited by law. Participation constitutes an Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. All participants who are considered a minor in their state/province of residence must have his/her parent’s or legal guardian’s permission to participate in this Contest.
Potential prize winners may be required to provide proof of age or country of residency if requested by Sponsor.
There is a limit of one (1) entry per person during the entire Submission Period. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, electronic devices, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant will be disqualified. Use of any automated system and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or contest service) to participate is prohibited and transmissions from these or related email or IP addresses may be blocked and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the TikTok account or the device used to enter will be deemed to be the entrant. The “authorized account holder” of a TikTok account, is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the “authorized account holder” of a device is the natural person in whose name the device has been issued and the services are billed. Potential Winner may be required to show proof of being the authorized account holder. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Sponsor’s determination of the Winner in case of a dispute will be final and binding.
The five (5) Grand Prizes will each consist of a Boustan gift card with the value of fifty-two (52) Free Entrées to be redeemed by the Grand Prize Winner at any participating Quebec Boustan restaurant. Approximate Retail Value (ARV) of Grand Prize: $780 CAD. Unused amount cannot be refunded or exchanged for cash value, in whole or in part. Terms and conditions of the Boustan Gift Card will apply. Winners must create a Boustan Rewards account in order to receive and redeem any Prize. Prizes are not redeemable outside of Quebec. Any difference between actual value and ARV stated herein will not be awarded. Each Winner shall bear all risk of loss or damage to his/her Gift Card after they have been delivered. Sponsor will not replace any Prize that is lost, stolen or used without permission. Prize is accepted “as is” and cash cannot be substituted for any Prize unless otherwise agreed by the Sponsor. All Prize details are at the sole discretion of the Sponsor.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Prize will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of safety, merchantability or fitness for a particular purpose).
Odds of winning depend on the number of contest entries.
Depending on the nature of the Submission, the winning Participant may be required by Sponsor to re-create the Submission in high resolution or another format, and may also be required to execute and return within ten (10) days a Design Agreement in which the Participant will acknowledge certain representations and warrantees in connection with the Submission and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submission. All decisions by the Sponsor shall be final and binding.
5. Grant of Rights To Sponsor:
By making a Submission, the Participant hereby agrees that:
a. In consideration of entering a Submission in the Contest, the Participant on behalf of him or herself, his or her heirs, executors, administrators and assigns, hereby grants to Sponsor the non-exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, and to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the foregoing, Sponsor will have the right to use the Submission in any packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Each Participant also irrevocably grants Sponsor the right to use Participant’s name, voice, likeness and biographical material in or related to the Submission.
b. He or she has no right of approval or consultation with respect to Sponsor’s use of the Submission. Sponsor will not be responsible for the return or preservation of any Submission. Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by the Participants, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. The Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created.
c. By receipt of any Prize, Winner agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies, and each of their respective parent companies and its officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt, use, nonuse or misuse of any Prize.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible.
Except where prohibited by law, participation in the Contest constitutes Winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and province for promotional purposes in any media, worldwide, without further notice, payment or consideration.
6. Contest Terms of Submission:
As conditions of entry into this Contest and by uploading a Submission, each Participant represents and warrants that his or her entire Submission: (i) has been legally obtained or created; (ii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (iii) has not been entered into a previous contest or has received any awards; and (iv) has not been published previously in any medium. Each Participant further represents and warrants that he or she has not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission, and has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
7. Limitations on Liabilities; Remedies:
By submitting a Submission, the Participant agrees that:
a. any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action;
b. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable;
c. under no circumstances will the Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
d. the Participant irrevocably waives any right to seek injunctive or equitable relief; and
e. the Participant will indemnify, defend and hold harmless Sponsor and their respective subsidiaries, affiliates, successors, licensees, and assigns, and each of their respective directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys’ fees and costs) which arise out of Participant’s performance hereunder, or any breach of any of the promises, covenants, agreements, obligations, representations or warranties set forth herein.
9. General Conditions: No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Any difference between stated approximate value of prize and actual value of prize will not be awarded. Prize winners are solely responsible for any taxes on their prizes. Any portion of the prize not accepted by a winner will be forfeited. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Contest as determined by Sponsor in its sole discretion. Sponsor reserves the right to implement policies and procedures as may be necessary to enforce compliance with this limit or with any other element of these official rules. Winners (or a winner’s parent or qualified legal guardian if winner is under the applicable age of majority) may be required to sign and return an Affidavit of Eligibility, Release of Liability, or other documentation required by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
10. Miscellaneous: The construction, validity, interpretation and enforceability of the Official Rules will be governed by and construed in accordance with the internal laws of the Province of Quebec without giving effect to any choice of law or conflict of law rules. All federal, provincial and local laws and regulations apply. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Official Rules and/or; (2) bring an action in court to protect or interpret any of Sponsor’s purported intellectual property rights. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor’s rights as set forth in these Official Rules and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).
11. Sponsor: Boustan Franchises, 6505 TransCanada Route #320, Saint-Laurent, Quebec, H4T 1S3
12. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Contest, the Official Rules, or the Sponsor’s Mobile Terms and Conditions will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Contest, the Official Rules, or the Sponsor’s Mobile Terms and Conditions, you will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor’s Mobile Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): Boustan Franchises, 6505 TransCanada Route #320, Saint-Laurent, Quebec, H4T 1S3. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 15 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the Ministère de la Justice (the “Arbitrator”). This arbitration provision limits the ability of you and Sponsor to litigate claims in court and you and Sponsor each agree to waive your respective rights to a jury trial or a provincial or federal judge. You agree that you will not file any lawsuit against Sponsor in any provincial or federal court. You agree that if you do sue in provincial or federal court and Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Sponsor.
You agree that you will not file a class action or collective action against Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor’s Mobile Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Sponsor agrees that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between you and Sponsor shall be governed by, and construed in accordance with, the laws of the Province of Quebec without giving effect to any choice of law or conflict of law rules.
14. Official Rules: For a copy of these Official Rules, residents of Quebec may visit: Boustan.ca/TikTok. For a list of all winners of any prize valued at $25 or more, please send your mail your request with a self-addressed, stamped envelope to Boustan Franchises, 6505 TransCanada Route #320, Saint-Laurent, Quebec, H4T 1S3. Requests must be received by August 1, 2020.