Official Rules and Regulations

THE MOTT’S® CLAMATO® 2021 BEST CAESAR IN TOWN COMPETITION

 

  1. KEY DATES:  

The Mott’s® Clamato® Best Caesar in Town 2021 Competition (the “Competition”) is brought to you by Canada Dry Mott’s Inc. (the “Sponsor”) and is being managed and implemented by its promotional agency, Mosaic Sales Solutions (hereinafter the “Representative”). The Competition consists of (i) the preliminary nomination period taking place between May 27, 2021 at 9:00:00 a.m. Eastern Time (“ET”) and June 18, 2021 at 8:59:59 a.m. ET  (the “Nomination Period”); (ii) the semi-finalist video submissions taking place between June 18, 2021 at 9:00:00 a.m. ET and June 27, 2021 at 11:59:59 p.m. ET (the “Semi-Finalist Submissions”); (iii) the judging period taking place between June 28, 2021 at 12:00:00 a.m. ET and July 7, 2021 at 11:59:59 p.m. ET (the “Judging Period”); and (iv) the voting period taking place between July 8, 2021 at 9:00:00 a.m. ET and August 4, 2021 at 11:59:59 p.m. ET (the “Voting Period”). The Competition begins on May 27, 2021 at 9:00:00 a.m. ET and ends on August 4, 2021 at 11:59:59 p.m. ET (the “Competition Period”). 

  1. ELIGIBILITY:

The Competition is open only to Bars/Restaurants in Canada who meet the following criteria: 

  • The Bar/Restaurant must have five or less physical locations within Canada; 
  • The Bar/Restaurant must be an independently owned/non franchised licensed establishment; 
  • The Bar/Restaurant must serve Mott’s® Clamato® Caesars; 
  • The Bar/Restaurant must have a valid liquor license
  • The Bar/Restaurant must be in business and operating before January 1, 2020, through to present and shall not have filed for Bankruptcy.

Nominators and Voters must be individuals and residents of Canada who have reached the legal drinking age in their respective province of residence at the time Nomination and/or Vote. 

Employees, representatives, agents, officers or directors (and those with whom such persons are living, whether related or not) of the Sponsor, its divisions, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Competition (including, but not limited to, participating foodservice/on premise locations) (collectively, the “Competition Parties”) are not allowed to nominate, vote or get their immediate family’s Bar/Restaurant nominated. Immediate family is defined as the spouse or common law partner, their dependent children and their children, their parents or step-parents and guardian or tutors.The provincial liquor agencies are not connected with this Competition in any manner whatsoever and are not liable in any way whatsoever regarding any matter which relates to this Competition.

 

  1. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Competition, you are signifying your agreement that you have read and agree to be legally bound by these Rules.

  1. HOW TO ENTER: 

PHASE 1: NOMINATION PERIOD (MAY 27, 2021 – JUNE 18, 2021): 

NO PURCHASE NECESSARY. During the Nomination Period, Nominators may nominate, via the Entry Form (each, a “Nomination” and collectively, the “Nominations”) on www.MottsClamato.ca/BestCaesar (the “Website”), a local bar/restaurant (each, a “Bar/Restaurant” and collectively, the “Bars/Restaurants”) that makes the best Caesar in town, using a Mott’s® Clamato® product, to give that Bar/Restaurant a chance to win $25,000 CAD (the “Grand Prize”). Such Bar/Restaurant must meet to the best of the Nominator’s knowledge the qualifying conditions established in Section 2 (Eligibility) of these rules and regulations.

Within the Entry Form, the following questions will require being answered: 

  1. What makes this Bar/Restaurant’s Caesar, using a Mott’s® Clamato® product, the best one in town? Why are you nominating it as the best Caesar in town? (Ex: Unique taste and flavours, interesting ingredients and recipe, drink presentation, meaningfulness etc.) 
  2. In your opinion, how would the Prize help the Bar/Restaurant you are nominating? 

Each Nomination must: 

  • Be original;
  • The answer to each of the essay questions for the Nominations must have a minimum of two hundred fifty (250) characters (including spaces) and must not exceed one thousand (1,000) characters (including spaces); and 
  • The answer to each essay question for the Nomination must be in English or French. 

Note: Standard data rates apply to Nominators who choose to participate in the Competition via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit it. To be eligible, Nominations must be submitted and received in accordance with these Rules during the Competition Period and respect the Bar/Restaurant eligibility criteria outlined in Section 2. The Sponsor and Representative reserve full rights to validate Bar/Restaurant nomination eligibility. For a Bar/Restaurant to be eligible to compete in the Competition and make it to the Semi-Finalist Selections, there must be a minimum of one (1) nomination submitted during the Competition Period. Limit of one (1) Nomination per person for the Bar/Restaurant during the Nomination Period (i.e. the same person cannot nominate the same Bar/Restaurant multiple times) and of one (1) nomination per Nominator per day, up to five (5) entries per Nominator during the Nomination Period. 

By submitting a Nomination, you are entering yourself for a chance to win on a Secondary Prize and for the Bar/Restaurant you have nominated to win the (1) Grand Prize or a Finalist Prize, as defined in section 9. The first 2,500 Nominators will also receive a coupon of $2 off 1L Clamato Reserve. 

PHASE 2: SEMI-FINALIST SUBMISSIONS (JUNE 18, 2021 – JUNE 27, 2021): 

Once the Nomination Period has ended, thirty (30) eligible Bars/Restaurants will be contacted via email or phone, between June 18, 2021 and June 22, 2021, to advise that they were nominated to participate in the Competition, and that they meet initially the criteria, the terms and conditions of the competition, and to qualify to move on to the Semi-Finalist round (each, a “Semi-Finalist”, and collectively, the “Semi-Finalists”). The potential Semi-Finalists need to: 1) Provide the Representative with the acceptance; 2) provide the Representative with any additional information they might need to verify their eligibility. Participation is in no way mandatory and is up to the full discretion of the Bars/Restaurants selected. The Bars/Restaurants will have until June 27, 2021 to accept their participation in the Competition by filming a video and filling out the form that will be sent to them via email with the instructions to submit their submission/video. If no response is received from any Bars/Restaurants within the deadline provided, it will be understood that they declined to participate, and the competition Sponsor reserves the right to invite another Bar/Restaurant to participate. The Sponsor reserves the right to select less than thirty (30) Semi-Finalists, should the criteria outlined below not be satisfactorily met. 

There are two (2) ways to be selected as one of the Semi-Finalists: 

  1. NUMBER OF NOMINATIONS

If any unique and eligible Bar/Restaurant has received five or more Nominations from unique Nominators and meet the Eligibility criteria included in Section 2 of these rules and regulations, they will automatically qualify as a Semi-Finalist. Should more than thirty (30) Bars/Restaurants have met the above criteria, a random draw will be held to obtain the thirty (30) Semi-Finalists. 

  1. JUDGING 

If there are less than thirty (30) Semi-Finalists that have received five or more Nominations from unique Nominators and meet the Eligibility criteria included in Section 2 of these rules and regulations, the Nominations received in accordance with these Rules will be assigned a total score out of 20 by the Representative, based on the following criteria: 

  1. Why the Nominator believes that the Bar/Restaurant’s Caesar, using a Mott’s® Clamato® product, is the best one in town /15 
  2. How the Nominator believes the Prize would help the Bar/Restaurant they are nominating /5

The total of the above scores will account for 100% of the overall score. In the event of a tie, the Nominations who received the highest sore for Why the Nominator believes that the Bar/Restaurant’s Caesar, using a Mott’s® Clamato® product, is the best one in town will be deemed a Semi-Finalist. In the event there is still a tie, tied entries will be re-judged by Representative against the above judging criteria to select the Semi-Finalists. Sponsor reserves the right, in its sole discretion, to select less than the stated number of Semi-Finalists in the event that Sponsor does not receive a sufficient number of eligible Nominations. Decisions of the Sponsor and Representative are final and binding in all matters. Sponsor will not disclose judging scores.

As stated in the introductory paragraph of Section 2, the thirty (30) Bars/Restaurants moving on to the Semi-Finalist round will be required to upload/send Sponsor/Representative a 30-90 second video containing a Caesar recipe where they used the Mott’s® Clamato® product. The video must include the following: 

  • Explanation on the inspiration behind their Caesar recipe using Mott’s® Clamato®;
  • Unique name for their Caesar.
  • Show the making of their Caesar.
  • Include a rim and garnish for their Caesar. 
  • Explain how the $25,000 CAD would help the Bar/Restaurant during this time.

Each Semi-Finalist submission must: 

  • Be original.
  • Not contain any non original music.
  • Not show any logos of any branded products apart from the Mott’s® Clamato® product used.
  • Not show anyone drinking/consuming liquor nor the Caesar drink that was created for the video. 
  • Not depict any individual who is intoxicated
  • Not depict any individual behaving irresponsibly or illegally
  • Must depict solely individuals who have clearly reached the legal drinking age in their respective province of residence at the time of the video submission.
  • The video must be in avi, dv, mov, qt, mpg, mpg2, mpg4, 3gp, 3g2, asf or wmv format, or a format accepted by Google Drive.
  • Video can not exceed one hundred (100) MB in size.
  • Video can not exceed 90 seconds in length.

The Caesar: 

  • Must be a recipe that is original to the Bar/Restaurant;
  • Must use Mott’s® Clamato® as an ingredient;
  • Must not be a recipe that was submitted into another competition or that won a prize by anyone other than the Bar/Restaurant who submitted the recipe;
  • Must not be named inappropriately (for example, rude, lurid, sexual words or words associated with narcotics, or words that infringe any third party rights, including without limitation, copyright or trademark) (as determined in the sole and absolute discretion of the Sponsor);
  • Must not violate the rights of any other party, including without limitation, any intellectual property, trade secret or proprietary right of any third party; and/or
  • Must not be in any way offensive, defamatory, discriminatory, obscene, libelous, reflect poorly on the Sponsor or be inappropriate for use in advertising or promotion publicity purposes as determined by the Sponsor, in its sole and absolute discretion.

Sponsor reserves the right to disqualify any Caesar (and, for greater, the corresponding Bar/Restaurant) for any reason, in its sole and absolute discretion, including the determination, in its sole and absolute discretion, that the Caesar fails to satisfy any of the above guidelines, or is inconsistent with the goals, image, or policies of the Sponsor.

By participating in the Competition, each Semi-Finalist agrees that (i) they have read, understood and agree to be bound by these Official Rules and Regulations of the Competition (the “Rules”); (ii) their Caesar complies with the guidelines set out above; and (iii) they will be bound by the decisions of the Sponsor and Judging Panel with regards to all aspects of this Competition, which are final and binding (without right of appeal), including without limitation, any decision regarding the eligibility and/or disqualification of Finalists or Caesars.

Only one (1) Caesar recipe can be made per Semi-Finalist in the Competition. 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 – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Competition; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Caesar (or any item that relates to a Caesar) for the purposes of this Competition; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Competition in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Competition within the timeline specified by the Competition may result in disqualification in the sole and absolute discretion of the Competition. The odds of being selected as a Semi-Finalist depend on the number of Bars/Restaurants having received five or more eligible Nominations. 

PHASE 3: JUDGING PERIOD (JUNE 28, 2021 – JULY 7, 2021): 

Representative will manage, monitor and prepare materials for the Judging Panel (as defined below). During the Judging Period, all eligible Semi-Finalists will be judged by a panel. (the “Judging Panel”). 

Subject to the Competition guidelines, the video submitted by each Semi-Finalist will be assigned a total score out of 80 by each member of the Judging Panel, based on the following criteria: 

  1. Appeal – Is the Caesar visually appealing? Does it make you want to have a taste? /15
  2. Drink Name/Inspiration – Does the name suit the Caesar? /15
  3. Caesar Uniqueness – Is the Caesar a ‘one of a kind’? Is it truly unique and original? /15
  4. Rim – Does the rim suit the Caesar? Does it compliment or contrast the Caesar in a good way? /15
  5. Garnish – Does the garnish complement the Caesar? Is it well prepared? /15
  6. Do the judges understand the thought process and inspiration behind the recipe? /15

The total of the above scores will account for 100% of the overall score. The ten (10) Semi-Finalists with the highest overall scores will be deemed the Finalists (each, a “Finalist and collectively, the “Finalists”) (subject to verification of eligibility and compliance with the terms of these Official Rules, as outlined in Section 5 & 8). In the event of a tie, the Semi-Finalist who received the highest combined score for (i) Appeal; (ii) Drink Name/Inspiration; and (iii) Caesar Uniqueness (the first three criteria) will be deemed a Finalist. In the event there is still a tie, tied entries will be re-judged by the Judging Panel against the above judging criteria to select the Finalist. Sponsor reserves the right, in its sole discretion, to select less than the stated number of Finalists in the event that Sponsor does not receive a sufficient number of eligible Semi-Finalists. Decisions of the Sponsor and Judging Panel are final and binding in all matters. Sponsor will not disclose judging scores. The odds of being selected as a Finalist depend on the number of Semi-Finalist entries received and the above judging criteria. Selected Finalists will be contacted to be advised that they have made it through to the next round. 

PHASE 4: VOTING PERIOD (JULY 8, 2021 – AUGUST 4, 2021): 

Once announced, the ten (10) Finalists’ videos will be posted online and open for public vote during the Voting Period. During the Voting Period, individuals who meet the eligibility criteria outlined in Section 2 can vote for the Finalist that they feel creates the best Caesar in town by visiting the Website and following the links and instructions to vote. 

Using a combination of the public votes (20%) and the Judging Panel votes (80%), the Finalist whose Caesar receives the highest overall score will be named the potential Grand Prize winner. In the event of a tie between two (2) or more Caesars based on the total score as specified herein, the tie will be broken first using each judge’s total score from the Preliminary Challenge. In the event of a further tie, tied entries will be re-judged by the Judging Panel against the above judging criteria to select the Finalists.

Voting is allowed one time per day, per IP address and subject to verification at any time. Only votes casts through the Website are valid. Any attempt by any individual to vote by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those votes and that individual may be banned from voting. No person may vote by proxy for any other person. Use of any automated system to vote or subvert the voting process is prohibited and will result in disqualification and all associated votes will be void. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process, as determined by the Sponsor in its sole discretion, may be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, payment for votes or offering to trade votes, as determined by Sponsor, in its sole discretion, may result in those votes being void and the respective Finalist being disqualified. Sponsor will not disclose final vote numbers. 

It is a condition of entry in the Competition that each Finalist make himself/herself/themselves available to participate, free of charge, in all stages of and all activities related to the Competition (including without limitation recordings and participation in interviews, appearances, and promotional and publicity activities); and agree to sign and abide by all applicable release forms and these Official Rules, including, without limitation any revisions. Bars/Restaurants agree to execute all documents necessary to assign any and all prizes to the appropriate Bar/Restaurant. 

  1. ENTRY VERIFICATION AND CONDITIONS: 

All Nominations subject to verification. Proof of submission does not constitute proof of Entry in the Competition. Nominations can be made in the name of the Bar/Restaurant only, regardless of whether others contributed to or appear in the Nominations, however if you are a Bar/Restaurant owner or bartender, you can nominate your establishment. Any attempt by an individual to submit more than the stated maximum number of Nominations by using multiple/different names, email addresses, accounts, identities, registrations and logins, or any other methods, or has entered or participated in any fashion not sanctioned by these Official Rules will void that individual’s submission and will be disqualified from the Competition and, at the sole discretion of the Sponsor, any of the Sponsor’s other promotions. Nominations that are lost, late, incomplete, illegible or corrupted are void and will not be accepted. Nominations that are found to be copies of other Nominations previously entered in the Competition or to contain content plagiarized from other websites and/or publications will be void and will result in the Entry’s disqualification.

  1. ADDITIONAL GUIDELINES FOR NOMINATIONS AND VIDEO SUBMISSIONS:

Nominations must not: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, sexual orientation, professional or age group, profane or pornographic, contain or reference nudity or any materially-dangerous activity; (b) promote drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message; (c) be obscene or offensive, or endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except those of Sponsor) or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, to the extent permission is necessary, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses, other than the Bar/Restaurant; (e) contain copyrighted materials owned by others, without permission, to the extent permission is necessary; (f) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission; and (fg) be false or misleading. Notwithstanding the foregoing, Sponsor reserves the right to permit, in its sole discretion, Nominations containing non-infringing and incidental use of trademarks owned by others.

By entering a video submission, you warrant and represent that: (a) it has not been previously published; (b) it has not received previous awards; (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) other participants depicted in the video, if any, have given written consent to its entry into the Competition and use as contemplated by these Official Rules; (e) publication via various media including Web posting and posting in social media, will not infringe on the rights of any third party; (f) it is appropriate for the Competition, in “good taste”, in keeping with Sponsor’s image and suitable for publication (e.g. must not be obscene or indecent), as determined by Sponsor in its sole and absolute discretion; (g) it does not contain any commercial content that promotes any product or service other than those offered by Sponsor; and (h) you have waived all moral rights in and to the video and submission materials in favour of the Sponsor. Without limiting any of the foregoing, videos submitted cannot be a parody or derogatory. Bars/Restaurants will indemnify and hold harmless Released Parties (as defined below) from any claims to the contrary. Any video that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Competition for any reason will be disqualified from the Competition.

  1. ADDITIONAL ENTRY RULES:

There is a limit of five (5) Nominations per person – but, each Nomination submitted by the same person must relate to a different Bar/Restaurant. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Competition; then he/she’s Nominations may be disqualified from the Competition in the sole and absolute discretion of the Sponsor. A Nomination may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received in accordance with these Rules. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Entries (all of which are void).

  1. VERIFICATION:

All Entries and entrants are subject to verification at any time and for any reason. 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 – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Competition; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry and/or other information entered (or purportedly entered) for the purposes of this Competition; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Competition in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Further, the Sponsor reserves the right to request the original for the purposes of verification. Failure to provide such proof and/or other materials) to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Competition will be the official time-keeping device(s) used by the Sponsor. Proof of transmission (screenshots or captures etc.) or attempted transmission of an Entry or of an attempted Entry or of any communication, does not constitute proof of delivery or receipt by the Sponsor.

  1. PRIZES:

There is one (1) Grand Prize available to be won consisting $25,000 CAD, awarded through form of check to the winning Bar/Restaurant. The Grand Prize must be used to help the Bar/Restaurant stay open for business. There are up to nine (9) Finalist prizes to be won by the Bars/Restaurants who qualify as Finalists, but do not win the Grand Prize, consisting each of $10,000 CAD, awarded through form of check to the winning Bar/Restaurant (each, a “Finalist Prize” and, collectively the “Finalist Prizes”). There are also up to fifty (50) secondary prizes to be won by the Nominators of the Bars/Restaurants who qualify as Finalists, consisting each of a Caesar kit (ARV: $ 50.00 CDN EA) (each, a “Secondary Prize” and, collectively the “Secondary Prizes”).

GRAND & FINALIST PRIZES: The Grand Prize and Finalist Prizes must be accepted as awarded and are not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize and Finalist Prizes other specifics of the Grand Prize and Finalist Prizes will be at the sole and absolute discretion of the Sponsor and subject to availability. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize and the Finalist Prizes awarded in connection with the Competition. To the fullest extent permitted by applicable law, the confirmed winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should their Grand Prize or Finalist Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting  the Grand Prize or a Finalist Prize, the confirmed winners agree to waive all recourse against the Sponsor and all of the other Released Parties if their Grand Prize, Finalist Prize or a component thereof does not prove satisfactory, either in whole or in part. If any activity relating to the Grand Prize or Finalist Prize is cancelled or postponed for any reason, the Sponsor reserves the right not to award the Grand Prize nor the Finalist Prizes.

SECONDARY PRIZES: The Nominators of the Bars/Restaurants who make it to the Finalist round will each qualify to win one Secondary Prize as described above. Each Nominator can only win one (1) Secondary Prize, regardless of whether they Nominated more than one Bar/Restaurant that makes it into the Finalist round. The Secondary Prizes must be accepted as awarded and are not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Without limiting the generality of the foregoing, the following general conditions apply to the Secondary Prizes: (i) other specifics of the Secondary Prize will be at the sole and absolute discretion of the Sponsor and subject to availability; and (ii) the confirmed Secondary Prize winners are solely responsible for all expenses, including any assembly or installation expenses, that are not specifically and expressly included in the Secondary Prize description above. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Secondary Prizes awarded in connection with the Competition. To the fullest extent permitted by applicable law, the confirmed winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should their Secondary Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Secondary Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if their Secondary Prize or a component thereof does not prove satisfactory, either in whole or in part. If any activity relating to the Secondary Prize is cancelled or postponed for any reason, the Sponsor reserves the right not to award the Secondary Prize. 

  1. ELIGIBLE WINNER SELECTION PROCESS:

Once the Voting Period has closed, the votes by the public and Judging Panel will be contabulated. The odds of winning the Grand Prize or a Finalist Prize depend on the total number of votes received in accordance with these Rules during the Competition Period.  

  1. ELIGIBLE WINNER NOTIFICATION PROCESS FOR THE GRAND PRIZE AND FINALIST PRIZES:

On August 28, 2021 at approximately 3:00 p.m. ET, all Finalists will be required to assist an online, virtual ceremony. The Grand Prize Winner and Finalist Prize winners will be crowned based on the criteria outlined in Section 4 above. Appropriate authorization must be obtained from the owner(s) of the Bar/Restaurant and others as required by Sponsor, which may include: (i) confirmation to participate as a Finalist; (ii) execution of a Declaration of Compliance, Liability and Publicity Release, and (iii) other required documentation that may be required by Sponsor. This information must be provided within a reasonable period of time as determined by the Sponsor. 

The authorized individual of the Grand Prize winner will be notified on or around August 18, 2021 and may be required to provide certain information and appropriate authorizations in order to collect and accept the Grand Prize. Failure by the winning Bar/Restaurant to provide the necessary information or authorizations may result in the Grand Prize being forfeited and another Bar/Restaurant may be awarded the Grand Prize. If the Grand Prize/Grand Prize notification is undeliverable, or if the potential winner or winning Bar/Restaurant fails to comply with any of these requirements or with the Official Rules in any way, the Grand Prize will be forfeited and another winning Bar/Restaurant may be determined. Each of the Competition Parties reserves the right, in their sole and absolute discretion, to phone, email and/or visit any entrant and/or any of the nominated Bars/Restaurants and record interviews, appearances, and promotional and publicity activities. Contact from any of the Competition Parties in this regard does not in any way guarantee any entrant as a potential Grand Prize winner.

The authorized individuals of the Finalist Prize winners will be notified on August 28, 2021 at approximately 3:00 p.m. ET during the online, virtual ceremony. They may be required to provide certain information and appropriate authorizations in order to collect and accept the Finalist Prize. Failure by the winning Bars/Restaurants to provide the necessary information or authorizations may result in the Finalist Prize being forfeited. If the Finalist Prize/Finalist Prize notification is undeliverable, or if a potential winner or winning Bar/Restaurant fails to comply with any of these requirements or with the Official Rules in any way, the Finalist Prize will be forfeited. Each of the Competition Parties reserves the right, in their sole and absolute discretion, to phone, email and/or visit any entrant and/or any of the nominated Bars/Restaurants and record interviews, appearances, and promotional and publicity activities. Contact from any of the Competition Parties in this regard does not in any way guarantee any entrant as a potential Finalist Prize winner.

If an eligible winner cannot be contacted as outlined above, cannot attend the virtual ceremony, or if there is a return of any notification as undeliverable and/or if any correspondence is not responded to; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Grand Prize or Finalist Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner for such Grand Prize in accordance with the applicable procedures as outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).  

  1. ELIGIBLE WINNER SELECTION PROCESS FOR THE SECONDARY PRIZES:

On August 13, 2021 (the “Secondary Prize Announcement Date”) in Montreal, Quebec, at approximately 2 p.m. ET, a random draw will be conducted to select fifty (50) eligible Entrants according to these rules. Should there be less than 50 Nominators, each Nominator will receive a Secondary Prize, and the remaining Secondary Prizes will be forfeited. The odds of winning a Secondary Prize depend on the number of Nominators and the Finalists selected.

  1. ELIGIBLE PRIZE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH Person IS ANNOUNCED AS A WINNER OR AN ELIGIBLE WINNER. By participating in the Competition and accepting the Grand Prize, the eligible winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Competition, their participation therein and/or the awarding and use/misuse of the applicable Grand Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, city and province of residence, voice, statements about the Competition and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. IMPORTANT NOTE: The Sponsor may, in its sole and absolute discretion, require an eligible winner to sign and return the Sponsor’s form of declaration and release (where applicable) prior to confirming the eligible winner as a confirmed winner of the Prize in accordance with these Rules. If an eligible winner: (a) where applicable, fails to properly execute and return any required Competition documents within the specified time; (b) declines, cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize). Any forfeited or unclaimed Grand Prize in this Competition will NOT be awarded – except in the sole and absolute discretion of the Sponsor. 

  1. RIGHTS IN NOMINATION AND VIDEO SUBMISSIONS: 

If an entrant’s Nomination and/or video submission is determined by the Sponsor, in its sole and absolute discretion, to have violated the Official Rules in a non-material and de minimums way and the Nomination and/or video submission can be edited to remove the violation, the Sponsor may disqualify the Nomination and/or video submission, at their sole discretion.

In consideration of entrant’s Nomination and/or video submission being reviewed and evaluated for this Competition, each entrant hereby grants to the Sponsor, Representative and their respective successors, assigns, licensees and designees (collectively, “Licensed Parties”) a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete or display such Nominations and/or video submission, or any portion thereof, including any names, likenesses or information embodied therein, in any and all media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further right of approval, notification or compensation. Each entrant authorizes Licensed Parties to utilize, for eternity and in any manner, they see fit, the Nomination and/or video submission submitted to Sponsor and to make derivative works from such material. Each entrant agrees that the results and proceeds of such use shall become the property of the Licensed Parties and shall be freely assignable by Licensed Parties and that the Released Parties shall have no obligations whatsoever to entrant. Licensed Parties are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at a Licensed Party’s sole discretion, without further obligation or compensation.

  1. GRANT OF RIGHTS TO COMPETITION SPONSOR:

By entering a Caesar into the Competition, the applicable Finalist represents and warrants to the Competition Sponsor that his/her Caesar recipe is

wholly original to him/her and that he/she owns all right, title and interest in and to the Caesar recipe. Without further compensation, each Finalist agrees that:

  1. he/she, on behalf of himself/herself, his/her heirs, executors, administrators and assigns, grants to the Competition Sponsor a non-exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use his/her Caesar recipe (and any photos and/or video taken of his/her Caesar by the Competition Sponsor, or its designated representative[s]) and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised and, without limiting the foregoing, but for greater certainty, expressly grants to the Competition Sponsor the license and right to post, publish and/or otherwise display his/her Caesar (and any photos and/or video taken of his/her Caesar by the Competition Sponsor, or its designated representative[s]) and his/her Caesar recipe on, or via, the Competition Sponsor’s website(s) and/or it social media pages/accounts. All decisions regarding such use shall be at Competition Sponsor’s sole and absolute discretion. All Caesars, upon submission, become the property of Competition Sponsor, and its successors, assigns and licensees. Competition Sponsor will have the nonexclusive right to make unlimited derivative works of any Caesar (and any Caesar recipe), to assign or transfer any or all such rights and to grant unlimited sublicenses. Each Finalist forever waives and relinquishes on behalf of himself/herself, his/her heirs, executors, administrators and assigns any and all rights, including but not limited to moral rights and goodwill, in and to his/her Caesar (and his/her Caesar recipe);
  2. he/she shall have no right of approval or consultation with respect to Competition Sponsor’s use of his/her Caesar (or his/her Caesar recipe). Competition Sponsor will not be responsible for the return or preservation of the Caesar. Competition Sponsor shall use its sole discretion in determining the extent and manner of its permitted use of his/her Caesar (and his/her Caesar recipe);
  3. the Competition Sponsor shall have the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the his/her name, address, image, voice, likeness, statements, biographical material, as well as any photographic images, video images, portraits, interviews or other materials relating to him/her and arising out of his/her participation in this Competition (with or without using his/her name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from him/her or any other party; and
  4. he/she has not granted or transferred any rights in or to his/her Caesar (or in or to his/her Caesar recipe) to any third party prior to the date of entry into the Competition and has not done anything and will not do anything to impair the rights he/she has granted to the Competition Sponsor in any way.

The decisions of the Competition Sponsor and/or the judges are final and binding, without right of appeal, with respect to all aspects of this Competition (including without limitation eligibility and/or disqualification of entries) and entrant agrees to abide by the Competition rules and all of the instructions and decisions of the Competition Sponsor and/or judges. In the event of any dispute regarding the interpretation of these Rules, the decision or interpretation of the Competition Sponsor and/or Judging Panel shall prevail.

Unless otherwise deemed appropriate by the Competition Sponsor for the administration of the Competition based on the circumstances, no communications will be entered into except with the selected Finalist. Once the winner has been verified and confirmed, the winners’ name will be posted on the Website.

The Competition Parties and their respective officers, directors, employees, agents, representatives, successors and assigns (collectively the “Released Parties”) are not responsible for any errors or omissions with respect to the conduct or administration of this Competition and reserves the right (at its sole and absolute discretion) to withdraw, amend or cancel this Competition in the event of any error that affects the conduct or administration of the Competition (as contemplated by these Rules).

In no event will the Released Parties be liable for more than the stated number of Prizes contained in these Rules.

The Released Parties accept no responsibility for loss, damage or claims caused by the awarded Prizes, the Competition itself or that in any way relates to the Competition. By entering, each Finalist releases and holds harmless the Released Parties from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Competition or any Prize won (as applicable).

Where applicable and without limiting the release of liability provisions herein, and for greater certainty, the Released Parties will not be liable for: a) any incorrect or inaccurate information, whether caused by Competition website users or by any equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of information that relates to the Competition; b) any error, omission, interruption, deletion, defect or delay in operation of the Competition as contemplated by these Rules or any transmission in connection with the Competition; c) any communications failure, theft, destruction or unauthorized access to, or alteration of Competition-related information; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to entrants’ or to any other person’s computer or other device related to or resulting from participating or downloading materials in this Competition. If the Competition is not capable of running as planned for any reason, including, without limitation, facilities disruptions, inclement weather, or any other cause of any nature whatsoever beyond the  reasonable control of the Released Parties which corrupt or affect the administration, security or proper conduct of this Competition, the Competition Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the Competition, in whole or in part or modify it in any way.

The Competition Sponsor reserves the right at its sole discretion to disqualify any individual from the Competition, and to ban that individual from any future promotion of the Competition Sponsor, if the Competition Sponsor finds or believes such individual to be tampering with the entry process or the operation of the Competition; to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Competition Sponsor, the Competition Sponsor’s agencies, other Finalists or any other person. ANY ATTEMPT BY A FINALIST OR ANY OTHER PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPETITION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

By entering this Competition, each Finalist expressly consents to the Competition Sponsor, its agents and/or representatives, storing, sharing and using the personal information he/she submitted in the course of the Competition (and in the course of any previous regional “Best Caesar in Town” competition in 2019) only for the purpose of administering these competitions and in accordance with Competition Sponsor’s privacy policy (available at: http://www.mottsclamato.ca/en/privacy-policy). This section does not limit any other consent(s) that an individual may provide the Competition Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

This Competition is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

The Competition Sponsor reserves the right to adjust any of the dates, timeframes and/or other Competition mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Finalist or Caesar with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Competition Sponsor, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Rules, or for any other reason.

  1. GENERAL CONDITIONS:

All entries become the property of the Competition Sponsor. Any entry that is late, incomplete, altered, or contains false information, is invalid. The Released Parties are not responsible for lost, stolen, delayed, damaged or misdirected claims or entries.  The Released Parties are not responsible for any errors or omissions with respect to the printing or advertising of this Competition and, with the consent of the Régie des alcools, des courses et des jeux, the Competition Sponsor reserves the right to withdraw, amend or cancel this Competition in the event of a printing or administrative error.

In no event will the Released Parties be liable for more than the stated number of Prizes contained in these official Competition rules.

The Released Parties accept no responsibility for loss, damage or claims caused by the awarded Prizes or the Competition itself. By entering, each entrant releases and holds harmless the Released Parties from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Competition or any Prize (or a portion thereof) won.

Without limiting the release of liability provisions herein, and for greater certainty, the Released Parties will not be liable for: a) any incorrect or inaccurate information, whether caused by any technical or human error which may occur in the processing of entries in the Competition; b) any error, omission, interruption, deletion, defect or delay in operation of the Competition;  If the Competition is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, or any other cause of any nature whatsoever beyond the reasonable control of the Released Parties which corrupt or affect the administration, security or proper conduct of this Competition, the Competition Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the Competition, in whole or in part, or modify it in any way, subject to the approval of the Régie des alcools, des courses et des jeux.

The Competition Sponsor reserves the right at its sole discretion to disqualify any Bar/Restaurant from the Competition, and to ban that Bar/Restaurant from any future promotion of the Competition Sponsor, if the Competition Sponsor finds or believes the owner(s) or individual in charge of such Bar/Restaurant’s participation is be tampering with the entry process or the operation of the Competition or where applicable, any Competition website; to be acting in violation of the Competition rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Competition Sponsor, the Competition Sponsor’s agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPETITION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The Competition Sponsor is collecting personal data about the individual nominating Bars/Restaurants and the individuals representing those Bars/ Restaurants   for the purpose of administering this Competition and in accordance with Competition Sponsor’s privacy policy available at: https://www.keurigdrpepper.ca/en-ca/privacy-policy. No further informational or marketing communications will be received by entrants unless they have otherwise agreed.

This Competition is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

The invalidity or unenforceability of any provision of these Competition rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Competition rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

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 regarding the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.  

The Competition Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux, to adjust any of the dates, timeframes and/or other Competition mechanics stipulated in these Competition rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Competition rules, or as a result of any other problems, or in light of any other circumstances which, in the opinion of the Competition Sponsor, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Competition rules, or for any other reason.

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 Competition-related materials, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

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