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Nando’s PERi-PERi Competition Terms & Conditions
The Nando’s PERi-PERi Competition (the “Promotion”) is operated by Nando’s Grocery International Ltd., with offices at 1800 Autoroute Laval, Laval, Quebec, Canada, H7S 2E7 (the “Promoter”). The Promoter’s headquarters are located at St. Mary’s House, 42 Vicarage Cres, Battersea, London, UK SW11 3LD.
Nando’s are looking to give you the opportunity to win a share of $50,000 (CAD), to use for the purpose of making a dream or ambition come true. Whether it’s a hobby, a new business idea, a career change, a community project or any other worthwhile incitive. All you need to do is, visit nandos.ca/win, enter your personal details, pick the prize tier you’d like to enter and tell us why you’re a deserving winner.
We have 3 prize tiers you can enter, 2 prizes of $10,000 (CAD) (Tier 1), 4 prizes of $5,000 (CAD) (Tier 2) and 5 prizes of $2,000 (CAD) (Tier 3).
You’ll be judged against the criteria stated further down in this document and only judged against those entering into the same prize tier. [A1]
NO PURCHASE IS NECESSARY TO ENTER THE PROMOTION. THE PROMOTION IS VALID IN CANADA ONLY AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW.
These Terms and Conditions (the “Terms”) prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the Terms, and by entering the Promotion, all participants will be deemed to have accepted and agreed to be bound by these Terms. Winning a prize is contingent on being compliant within these Terms, as determined by Promoter in its sole discretion. Please retain a copy of these Terms for your information.
- 1. HOW TO TAKE PART
No Purchase Necessary. Internet access and a valid email account are required. In order to take part in the Promotion, participants must follow the steps noted below during the Promotion Period (as defined below):
- a) i. Scan the QR code on the tag attached to bottles of the Promoter’s products with a QR reader enabled smart device, to enter the promotional website.
ii. Scan the QR code on the Promoter’s in-store units, with a QR reader enabled smart device to enter the promotional website.
iii. Follow the URL directly to the promotional website ‘www.nandos.ca/win’.
- b) Once on the promotional website, the participant must fill in the following details to enter the Promotion (collectively the “Entry Materials”):
- - Full Name
- - Email Address
- - Phone Number
- - Select the prize tier (each, a “Tier”) you would like to enter into (i.e., a Tier 1 Prize, Tier 2 Prize or Tier 3 Prize)
- - Tell us your dream (including, the purpose you need the funding[A2] )
- - Optional: include a photograph or video[A3] [A4] [A5] [A6] . File types accepted are: JPG, PNG, MP4 and .mov up to a maximum size of 20 MB.
- - Photograph/video upload is optional, however they will be considered when judging entries.
- - You must obtain positive consent from anyone featured in any photographs/videos you upload. In the event of any Minors in your uploaded photograph/video, you must obtain positive parental consent from a legal parent or guardian.
- c) Eligible entries received during the Promotion Period (as defined below) will receive one (1) entry in the Promotion. Maximum one (1) entry per person. You may not submit an entry for more than one Tier.
- d) Participants must agree to these Terms that permit the Promoter to use the Entry Materials for their online channels, including but not limited to www.nandos.ca and the Promoter’s owned social channels.
- e) By entering the Promotion and submitting the Entry Materials, each entrant: (i) grants to the Promoter, in perpetuity, a world-wide, non-exclusive, royalty-free, irrevocable, unlimited, right and licence to use, publish, display, reproduce, make available, perform, broadcast, transmit, modify, edit, translate, and otherwise exploit the Entry Materials, in whole or in part, for the advertisement and promotion of the Promotion, the Promoter and its affiliates, and their respective business, products, and services; (ii) waives all moral rights in and to his/her Entry Materials in favour of the Promoter, the Promoter’s affiliates, and their respective licensees, successors, and assigns; and (iii) agrees to release and hold harmless the Promoter, its affiliates, and their respective officers, directors, employees, agents, representatives, successors, licensees, and assigns (collectively, the “Releasees”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action arising out of the use of the Entry Materials in accordance with these Terms. For greater certainty, the Promoter reserves the right, in its sole discretion, to modify, edit or remove any entry, or to request an entrant to modify or edit his or her entry, if a complaint is received with respect to the entry, or for any other reason. If such an action is necessary, then the Promoter reserves the right, in its sole discretion, to disqualify the entry and entrant.
- f) By participating in the Promotion, each participant warrants, represents, and covenants that his/her Entry Materials:
- i. are original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Entry Materials;
- ii. do not violate any law, statute, by-law, or regulation;
- iii. do not contain any reference to the personal information or likeness of any third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
- iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever (for example, you cannot submit a recipe you have copied from a recipe book); and
- v. are not defamatory, trade libelous or obscene, and further that they do not contain, depict, include, discuss or involve, without limitation, any of the following:
- § Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- § Personal information of third parties, including without limitation, names and addresses (physical or e-mail);
- § Conduct or other activities in violation of these Terms;
- § Commercial messages, comparisons or solicitations for products or services other than those of Promoter;
- § Any identifiable third party products, trademarks, brands or logos; and/or
- § Any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by the Promoter in its sole discretion.
Any Entry Materials that the Promoter deems, in its sole discretion, to violate the Terms will be void.
- 2. PRIZES
There will be a total of 11 prizes (each, a “Prize”) awarded upon close of the Promotion. The Prizes are separated into the following three Tiers:
Tier 1: 2 prizes of $10,000 (CAD) (the “Tier 1 Prize”);
Tier 2: 4 prizes of $5,000 (CAD) (the “Tier 2 Prize”);
Tier 3: 5 prizes of $2,000 (CAD) (the “Tier 3 Prize”).
The total aggregate value of prizes is $50,000 (CAD).
As described in section 1 above, when you submit your Entry Materials, you must indicate which Tier of Prizes you would like to be considered for. Subject to the below, if an entrant indicates that they entering the Promotion for a chance to win one of the Tier 1 Prizes, the entrant will only be eligible to win one of the Prizes available as a Tier 1 Prize. Entrants are only eligible to win one Prize.
In the event that there are not enough valid entries to award all of the Tier 2 Prizes or Tier 3 Prizes that are available, then entrants that submitted a valid entry for a Tier 1 Prize that did not win a Tier 1 Prize will be considered for the Tier 2 Prize(s) and/or Tier 3 Prize(s) that remain available. For example, if:
- There are not enough valid entries for Tier 2 Prizes for all of the Tier 2 Prizes to be awarded, then entrants that entered to win a Tier 1 Prize and that did not win a Tier 1 Prize will be eligible to win one of the remaining Tier 2 Prizes. The remaining Tier 2 Prize(s) will be awarded to the entrant(s) for a Tier 1 Prize with the highest Score(s) (as defined below).
- There are not enough valid entries for Tier 3 Prizes for all of the Tier 3 Prizes to be awarded, then entrants that entered to win a Tier 1 Prize or a Tier 2 Prize that did not win a Tier 1 Prize or a Tier 2 Prize will be eligible to win one of the remaining Tier 3 Prizes. The remaining Tier 3 Prize(s) will be awarded to the entrant(s) for a Tier 1 Prize or the Tier 2 Prize with the highest Score(s).
For clarity, entrants will not be considered eligible for Prizes outside of the Tier for which they submitted their entry unless there are insufficient entries in the other Tiers to award all of the Prizes available in those Tiers, as applicable. The only Prizes that will be available in such case are those that have not already been awarded to potential winners.
- 3. WINNER SELECTION
The Promotion will be judged by a panel of judges selected by the Promoter and the potential winners will be chosen based on the score assigned to their Entry Materials based on the following criteria:
- 1. Is the ‘dream’ (ambition for the funding) inspirational;
- 2. Will the fund be used to achieve something positive; and
- 3. Has the entrant demonstrated time, thought and effort into their proposal. [A7] [A8]
Each of the criteria will be provided with a score. The scores for each criterion will be added together for a final score (the “Score”) for the Entry Materials.
The Tier 1 entrants with the two highest scores in Tier 1 will be awarded the Tier 1 Prizes. The Tier 2 entrants with the four highest scores in Tier 2 will win the Tier 2 Prizes. The Tier 3 entrants with the 5 highest scores will win the Tier 3 Prizes.
In the event of a tie based on total Score, the entry with the highest score on criteria number 1 (as referenced above) will be deemed to be the higher Score.
All entrants acknowledge and agree that the judges’ decisions are final and that entrants will not have a right to appeal or dispute the decisions of the judges.
Odds of you being selected as a potential winner will depend on the number entries that are received and the caliber and the quality of your Entry Materials, as determined by the judges in their sole discretion with reference to the criteria.
Prizes will be issued in the form of a cheque send in the post to the address provided at the time of acceptance.
TO BE ELIGIBLE TO RECEIVE A PRIZE, each potential winner must sign a release form provided to the potential winner by the Promoter (or its representative) that (the “Release Form”): (i) confirms their compliance with these Terms; (ii) acknowledges their acceptance of the Prize (as awarded); (iii) releases the Releasees from any and all liability in connection with this Promotion, the potential winner’s participation in the Promotion, the awarding and use or misuse of the Prize (or any portion thereof) by the potential winner or otherwise, and the Releasees’ use, reproduction, publication, display, making available, or other exploitation of the potential winner’s Entry Materials, in whole or in part; and (iv) agrees to the publication, reproduction and use of the potential winner’s Entry Materials, name, address, voice, statements about the Promotion, photograph and other likeness, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Promoter, in any manner or medium whatsoever, including print, broadcast or the internet, in connection with the Promotion or any subject matter relating to the Promotion. If the potential winner: (a) does not sign the Release Form; (b) does not agree to these Terms; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; or (d) is found to be in violation of these Terms (all as determined by the Promoter in its sole and absolute discretion); then the potential winner may be disqualified (and, if disqualified, will forfeit all rights to the Prize), as determined by the Promoter in its sole discretion. Each entrant acknowledges and agrees that the Promoter reserves the right, in its sole and absolute discretion, to select an alternate eligible entrant from among the remaining eligible entries submitted and received in accordance with these Terms during the Promotion Period as a new potential winner (i.e., in replacement of the disqualified potential winner) on the basis of next highest Score (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
- 4. TERMS APPLICABLE TO ALL ELEMENTS OF THE PROMOTION AND ALL PRIZES
- a) Entrants must accept the Prizes as awarded and cannot elect any other alternatives to any of the Prizes in whole or in part.
- b) Prizes are not transferable or exchangeable. No substitutions except at Promoter’s option. Promoter reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater retail value. Promoter makes no representations or warranties with respect to any Prize.
- c) Winners are responsible for providing correct bank account details and the Promoter will not be liable for any Prize payments directed to the incorrect individual or made into the wrong bank account.
- d) Subject to early termination by the Promoter, for any reason, and subject only the jurisdiction of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, participants will be able to enter between midnight EDT on 01/03/2021 and midnight EDT on 30/04/2021 (the “Promotion Period”). No entries will be accepted before or after the Promotion Period.
- e) Potential winners will be contacted one (1) time via email to organize receipt of their Prize on or before May 14, 2021. Potential winners will be required to confirm acceptance of their Prize, and provide their address for shipment [A9] [A10] [A11] of the Prize within seven (7) days [A12] [A13] [A14] [A15] of notice receipt. Potential winners will also be required to return a signed copy of the Release Form within such seven (7) day period. If a potential winner (i) cannot be contacted (including if the notification is returned as undeliverable or fails to reach the potential winner for any other reason), (ii) fails to respond or fails to submit any required documents, information and/or comply with the Terms within the required time period, the potential winner will be deemed to have forfeited their claim for a Prize. If a potential winner is unable to receive or redeem a Prize (or a component thereof) or to complete any of the steps contemplated in this section 4(e) due to reasons beyond the reasonable control of the Promoter, no compensation or substitute Prize will be provided to such potential winner.
- f) The Promoter will not be responsible for lost or stolen Prizes.
- g) No entries submitted via any other means than the means described in these Terms will be valid. The Promoter does not guarantee uninterrupted or secure access to the Promotion or the websites on or through which the Promotion is available. Any mechanical reproduction or automated entries are prohibited, and any use of such automated devices will result in the disqualification of the entry and entrant.
- h) 11 prizes will be awarded to winners at the end of this Promotion. No additional prizes, at any Tier, will be awarded. Once the Prizes have been awarded, no further prizes will be provided, subject to the discretion of the Promoter.
- i) The Promoter reserves the right to verify all entries and to refuse to award a Prize and/or refuse further participation and disqualify any entrant where there are grounds to believe there has been a breach of these Terms or any instructions forming part of the entry requirements or otherwise where an entrant has entered the Promotion using fraudulent means. The Promoter will be the final arbiter in any decisions, and these will be binding.
- j) In the event that the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorized intervention, fraud, dishonesty, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to disqualify any individual who tampers with the entry process or does not comply with these Terms and to cancel, modify or suspend the Promotion or invalidate any affected entries, subject only the jurisdiction of the Régie in Quebec.
- k) An entry must be made personally and directly by the individual entering the Promotion, and entries made through agents or third parties are invalid. Bulk entries from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries and entries submitted by macros or other automated means together with entries which do not satisfy the requirements of these Terms in full will be disqualified and will be not be counted. If it becomes apparent that an entrant is using any computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the Terms, that entrant’s entries will be disqualified and any Prize awarded will be void. Entrants are not permitted to enter using anonymous email services such as, but not limited to, GuerillaMail, Dispostable or Mailinator.
- l) The Promoter will not be liable for any failure to comply with its obligations or any delay in performing its obligations under these Terms if such failure is caused by an act, omission, event or circumstance that is outside the reasonable control of the Promoter, including, but not limited to, global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God, or any other circumstances beyond the reasonable control of the Promoter.
- m) The Promoter may refuse to award a Prize in the event of any entrant’s fraud, dishonesty, breach or non-entitlement under these Terms or seek recovery of its value if the Prize has been awarded.
- n) The decision of the Promoter in all matters is final and binding and no correspondence will be entered into other than as elected by the Promoter in its discretion. ANYONE DEEMED BY THE PROMOTER TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE PROMOTER AT ANY TIME.
- o) The Promoter is not responsible for any third-party acts or omissions.
- p) The Promoter does not guarantee that the Promotion will be free from disruptions, failings or cancellations. The Promoter is not liable for such disruptions, failings or cancellations. Without limiting the foregoing, the Promoter will have no responsibility for any entries not received or not considered eligible due to any failure or technical malfunction of any computer or telephone networks, online computer systems, servers, access providers, computer equipment or software, photographic equipment or software, technical problems or traffic congestion on the Internet or the promotional website, or any combination thereof. The Promoter will have no responsibility for errors, omissions, interruptions, suppressions, defects, operation or transmission delays or breakdowns in communication links or their unauthorized access or modification.
- q) The Promoter reserves the right to cancel or amend this promotion at any time for any reason, subject only the jurisdiction of the Régie in Quebec.
- r) All costs associated with receiving or redeeming any of the Prizes (or any parts thereof) are the sole responsibility of the applicable entrant. All taxes (including without limitation national & local taxes) in connection with any Prize and the reporting consequence thereof are the sole responsibility of the prize winner.
- s) All intellectual property, including but not limited to the trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and other works of authorship used, reproduced or disseminated in connection with the Promotion are owned or used under license by the Promoter and/or the Releasees. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property by an entrant without the express written consent of Promoter and/or the Releasees, as applicable, is strictly prohibited.
- t) The Promotion is subject to applicable federal, provincial and territorial laws and regulations. The Terms are subject to change without notice in order to comply with any applicable federal, provincial and territorial laws or the policy of any other entity having jurisdiction over the Promotion. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms or the rights and obligations as between a participant and the Promoter in connection with the Promotion shall be governed by and construed in accordance with the laws of the Province of Ontario, including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Promoter and each entrant irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario over any claim or matter arising under or in connection with these Terms or the legal relationships established by this agreement. The invalidity or unenforceability of any provision of these Terms 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 Terms 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.
- u) In the event of any discrepancy or inconsistency between these English Terms and disclosures or other statements contained in any Promotion-related materials, including but not limited to the Promotion entry form, any advertising (whether point-of-sale, television, radio, print or online) or any French version of these Terms, these English Terms shall prevail, govern and control.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.