Rules & Regulations

Timothy’s “Peek under the Rim”Contest 2019 - Official Rules and Regulations

1. How to Participate

Commencing on or about Monday February 11, 2019 to Sunday April 1, 2019 or while supplies last, customers who purchase a small, medium, or large hot drink take-out beverage may receive a “Peek Under the Rim” promotional cup at participating Timothy’s locations in the Provinces of Ontario, New Brunswick, Prince Edward Island, Manitoba and Alberta. This offer is limited to one promotional cup per person per purchase. This offer is not valid in the Province of Quebec. All prizes must be redeemed in accordance with these rules (the “Official Contest Rules”) on or before Saturday April 20th, 2019 (the “Contest Closing Date”).

Eligibility: The Contest is open to all residents of Ontario, New Brunswick, Prince Edward Island, Manitoba and Alberta, who have attained the age of majority in their jurisdiction of residence, except for employees, their immediate families (mother, father, son, daughter, spouse) and anyone living with any employee of Timothy’s, a division of MTY TIKI MING Enterprise Inc. (“Sponsor”) or its corporate affiliates, advertising or promotional agencies. Limit of one per person, per day (24-hour period). Incomplete or illegible entries, bulk drop offs, photocopies, scanned copies, facsimiles or other mechanically or electronically reproduced entries or Prize Claims will not be accepted and will be disqualified.

To play the promotion, obtain a specially marked “Peek Under the Rim” promotional game cup at participating Timothy’s locations. To reveal if the game cup is a potential winner, carefully unroll the rim of the cup as indicated. If the rim reveals the description of a prize identified in these Official Rules, then the participant is the potential winner of the prize indicated, subject to verification of the game cup and the participant’s compliance with these Official Rules.

No Purchase Necessary.To obtain a randomly selected “Peek Under the Rim” promotional cup without purchase, while supplies last, send a request with a self-addressed return envelope bearing sufficient postage to: Timothy’s “Peek under the Rim” Contest, 2 East Beaver Creek Rd., Building One, Richmond Hill, Ontario L4B 2N3, which must be received no later than April 1st, 2019 for timely processing and return. All requests must include a self-addressed, postage stamped return envelope (the requesting individual must ensure sufficient return postage is provided, failing which requests will not be honoured). All return envelopes provided must bear an address identical to that on the original outer-envelope in which the request was delivered, and return envelopes must be addressed manually, handwritten in ink, failing which requests will not be honoured. A single, randomly selected “Peek under the Rim” promotional cup will be returned in the self-addressed, stamped envelope while supplies last. A limit of one request per outer envelope received in this regard. Envelope received with multiple requests or multiple envelopes or requests will not be honoured.

2. “Peek under the Rim” Contest Cups:

A total of 411,000 “Peek under the Rim” cups have been produced for this contest. These will be available for distribution on or about Monday February 11, 2019 to Sunday April 1, 2019 11:59 EST, or while supplies last, whichever occurs first. “Peek Under the Rim” promotional cups will be distributed within the following regions:

Prizes

3. Instant Win Prizes to be won:

A total 411,000 promotional cups will be circulated containing the following Instant Win prizes and corresponding prize message under the rim, to be redeemed in accordance with Paragraph 4 of these Official Contest Rules. Prize claimant must be a resident of Canada, excluding the province of Quebec. Quantity of prizes and odds of winning diminish as prizes are claimed.

Prizes

4. Instant Win Prizes
2019 Mazda 3 CX-3 GX sedan– 1 Winning Tab One Grand Prize will consist of one (1) 2019 Mazda CX-3 GX sedan with automatic transmission and air conditioning. Grand Prize colour will be chosen at Timothy’s discretion. One (1) 2019 Mazda CX-3 GX sedan has a Manufacturer Suggested Retail Price (MSRP) of $22,095. Grand Prize has no cash value and may not be substituted by Winner with a prize of equal or lesser value and is non-transferable.If winners live within the province of Ontario, 2019 Mazda CX-3 GX sedan must be scheduled to be picked up at Mazda of Toronto at 6167 Yonge St, North York, ON., M2M 3X2. If the Grand Prize winner lives outside of Ontario, Grand Prize will be shipped to the closest Mazda dealership to the Grand Prize winner’s home address. Allow 6-8 weeks delivery of Grand Prize.

Freight and Pre-delivery Inspection (PDI) are the responsibility of Timothy’s. All taxes (including, without limitation, federal, provincial and miscellaneous taxes) on or connected with the Grand Prize are the sole and exclusive responsibility of Grand Prize winner.

NOTE: The Grand Prize must be claimed, and all paperwork executed at the Sponsor Auto dealership Mazda of Toronto location in Toronto, Ontario by May 31st, 2019. If Grand Prize winner is unable to claim prize during time period, Grand Prize winner forfeits the prize and the Grand Prize will be awarded to an alternate potential Grand Prize winner, if feasible, in accordance with the contest rules. No changes will be permitted after confirmation of any Grand Prize redemption. If Grand Prize winner elects to update the vehicle in any way of his/her prize, they may do so at the Sponsor Auto dealership, Mazda of Toronto location in Toronto, Ontario. Grand Prize winner must be over the age of majority and hold a valid driver’s license and valid insurance. Grand Prize is non-transferable and have no cash value. Any unclaimed and/or unused Grand Prize will remain the property of, as the case may be, and may not be used as sales or trade incentive for employees of Timothy’s and may not be sold, exchanged or otherwise transferred by Grand Prize winner, nor used by Timothy’s, its agencies or clients.

Trip to P.E.I. – 2 Winning Tabs Trip Prize: One (1) of two (2) Trip Prizes are available to be won, as follows: One (1) Trip for two (2) people to Prince Edward Island, Canada (as determined by Tourism PEI (“Prize Provider”)).

Trip Prize will consist of: (i) two (2) roundtrip airline tickets for the winner and his/her guest in economy class airfare on Air Canada to Charlottetown Airport (YYG) in Prince Edward Island from the major Canadian airport nearest to the selected entrant’s place of residence; (ii) hotel accommodations (one (1) room, double occupancy) for four (4) nights at a hotel chosen by the Prize Provider’s discretion. Hotel will require a valid credit card in an adult guest’s name to cover incidentals; and (iii) two (2) tickets to attend Anne and Gilbert, The Musical at The Guild, 115 Richmond Street, Charlottetown, PEI on a date to be determined by the Prize Provider in its sole discretion.

Total approximate retail value of the Prize is $4,000 CAD based on an Edmonton, AB to PEI trip example. Actual retail value will vary based on flight schedule and hotel selection. All prize details, including exact flight times, to be determined in the absolute discretion of the Prize Provider, subject to availability. All travel arrangements must be made through the Prize Provider or its designee. Certain restrictions and black-out dates may apply. The Trip Prize winner must travel as and when designated by the Prize Provider or the Prize may be forfeited, and an alternate randomly selected winner chosen, time permitting. The Trip Prize must be completed by July 31, 2019.

The Winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Prize Provider in its sole and absolute discretion. The dates of departure and return and the destination city are subject to change at Prize Provider’s sole and absolute discretion. Airline tickets are non- refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. The Prize

Provider reserves the right to structure travel route and select hotels in its sole and absolute discretion. The Trip Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round-trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Prize Provider’s terms and conditions generally applicable thereto.

Neither Sponsor nor Prize Provider shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Sponsor and Prize Provider are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor and Prize Provider. Additional prize award details and travel information to be provided to the Trip Prize winner at the time of prize notification. Winner and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor and Prize Provider have not and will not obtain or provide travel insurance or any other form of insurance. The Winner may be required to provide a credit card at the time of hotel check-in. Winner’s travel companion must be at least the age of majority in their province/territory of residence as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Prize Provider’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Prize Provider’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.

All expenses not specifically mentioned herein, are not included as part of the Trip Prize package, and are solely the Winner’s responsibility, including, but not limited to: hotel taxes, ground transportation in the destination city, travel insurance, room service, bag check fees, parking fees, laundry service, food, beverages (including alcoholic beverages), merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Winner. If the Winner becomes disabled or cannot otherwise fully enjoy the Trip Prize travel package due to illness, Sponsor and Prize Provider shall have the option of: (a) being relieved of liability for fulfillment of the Trip Prize award; or (b) at Prize Provider’s sole and absolute discretion, extending the period during which the Trip Prize may be awarded for a period equal to the duration of the Winner’s disability or illness, in which case certain prize components may not be available. The Winner must prove such disability by a doctor’s certificate.

The Winner is advised to arrive at least one (1) hour prior to Anne and Gilbert, The Musical start time. No one will be admitted without a ticket or after the production begins. If, for whatever reason, the production is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of the film. No responsibility is assumed by Sponsor or Prize Provider if production is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged.

Winner understands and agrees that Sponsor and Prize Provider have the right, in their sole discretion, to disqualify and remove Winner or his/her companion from any activity at any time if the Winner’s or his/her companion’s behaviour is at any point uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or Prize Provider or otherwise violates the policies of the Prize Provider, and, in such a case, the Winner will remain solely responsible for all expenses related to the Prize and responsible for the costs of removing him or her (or his/her companion) from use of the Prize and any related damages, losses, or expenses. If a portion of the Trip Prize is not used, the selected entrant and his/her guest shall not be entitled to any compensation. The Trip Prize does not qualify for Aeroplan mileage accumulation or for mileage accumulation in any other frequent flyer program.

Keurig Coffee Maker – 50 Winning Tabs
Each prize consists of one (1)Keurig K-CompactTM Coffee Maker (in red or black) with a total value of $119.99. Prize has no cash value and may not be substituted with a prize of equal or lesser value and is non-transferable. Keurig K-CompactTM Coffee Maker will be delivered to winner’s address via courier. Allow 6-8 weeks delivery of prize.

How to Claim Your Non-Food Prize:
In order to be eligible to win 2019 Mazda CX-3 GX sedan, Trip to P.E.I., or Keurig K-CompactTM Coffee Maker, complete the Prize Claim form (including the correct answer to the mathematical K-CompactTM skill-testing question) and mail it (we recommend using registered mail or courier for larger Prizes as Timothy’s/MTY Group is not responsible for lost winning tabs), along with the original winning promotional cup in an envelope bearing sufficient postage to: “Peek Under the Rim Contest”, 2 East Beaver Creek Rd., Building One, Richmond Hill, Ontario L4B 2N3 to be received by no later than April 20th, 2019.

Prize Claim Form is available online at www.timothyscafes.com. DO NOT SURRENDER YOUR “GRAND PRIZE (2019 Mazda CX-3 GX sedan, Trip to P.E.I., or Keurig Coffee Maker)” WINNING PROMOTIONAL CUP TO A TIMOTHY’S COUNTER ATTENDANT OR ANYONE ELSE – SEND IT TO THE OFFICIAL INSTANT WIN ADDRESS.

We recommend registered mail or courier. In order to be declared a winner, a potential Grand Prize or other Non-Food Prize winner must sign a standard declaration and release form confirming compliance with the contest rules, acceptance of the prize as awarded and releasing Timothy’s, MTY Group and their franchisees, their respective dealers, partners and affiliates, their respective advertising and promotional agencies, parent companies, subsidiaries, directors, officers, governors, employees, representatives and agents (collectively, the “Released Parties”) from any and all liability.

 

In order to claim a Grand Prize, the winner must have reached the age of majority in Ontario, New Brunswick, Prince Edward Island, Manitoba and Alberta on or before April 20th, 2019. If any individual under the age of majority wins a prize, the prize will be awarded to the parent, legal guardian or other authorized representative of such person who must accept the prize on the individual’s behalf.

How to Claim Your Food Prize:
Instant win Timothy’s food prizes may be redeemed at any participating Timothy’s locations in Ontario, New Brunswick, Prince Edward Island, Manitoba and Alberta. Such instant win food prizes are subject to verification upon presentation of winning tab and correctly completed Prize Claim form and are not valid in combination with any other offer or discount. Only one (1) Timothy’s food prize redemption per eligible person per visit. All visits to the same restaurant within a two-hour period are deemed to constitute a single visit for purposes of this promotion. Instant win food prizes must be presented for redemption before the food order is placed. Participating Timothy’s restaurants reserve the right to substitute a menu item of equal or greater value for the food prizes specified.In order to be eligible to claim a Timothy’s food/beverage prize, remove the section of the promotional cup showing the full prize or phrase (must be a minimum of 2” wide and 1” deep) and present it to any participating Timothy’s (for Timothy’s food prizes) by closing time April 20th, 2019.

REDEMPTION DEADLINES:

a. Food Prizes: All food prizes must be redeemed at a participating Timothy’s location on or before closing time, April 20th, 2019.
b. Non-Food Prizes: All winning cup tabs must be received at Timothy’s head office for verification and redemption on or before April 20th, 2019.
c. All Prizes. All claims received after the redemption deadline is VOID and will be ineligible for prizes.


General:
 

1. In order to be eligible to win any prize, entrant must first correctly answer, without assistance or mechanical aid, the mathematical skill-testing question on the Prize Claim Form and otherwise comply with these contest rules. Prize Claim Forms may be obtained by visiting www.timothyscafes.com. Limit one Grand Prize per household.


2. By entering this contest, entrants agree to indemnify and hold harmless the Sponsor, its advertising and product agencies and their respective officers, directors and employees(“Released Parties”) against any and all liability, damages or causes of action (however named or described) with respect to orarising out of (i) entrant’s participation in the contest or (ii) the receipt or use of any prize awarded herein. None of the Released Parties shall bear any liability whatsoever with respect thereto.

3. Prizes are non-transferable (unless otherwise stated by the automotive promotional partner), cannot be substituted, cannot be converted to cash, have no cash surrender value, and must be accepted as awarded subject to the following: Timothy’s reserves the right, at its sole discretion, to substitute a prize with one of equivalent or greater value for any reason. Timothy’s reserves the right to withdraw, amend or terminate this contest at any time without prior notice. Federal, provincial and miscellaneous taxes are the winner’s responsibility.

4. Any entrant eligible to receive a prize (or their parent/legal guardian if a minor) must be required to sign, in addition to the Prize Claim Form, a standard declaration and release form satisfactory to the Released Parties confirming understanding of and compliance with the contest rules, acceptance of the prize and releasing the Released Parties from all liability before being declared a winner. If any individual under the age of majority in his/her province of residence wins a prize, the prize will be awarded to the parent, legal guardian or other authorized representative of such person who must accept the prize on the individual’s behalf and must also sign a consent and release satisfactory to the Released Parties. Failure to comply will result in forfeiture of prize.
5. If, due to a printing, production or other error, more than the specified number of prizes are printed or claimed, only the number and type of prizes as contemplated by these rules will be awarded. Upon discovery of such error, all prize fulfilment will cease and a random draw from amongst all eligible claims received by April 20, 2019 will take place on May 10, 2019 before the end of the business day, to select entrant(s) to receive the remainder of the prizes specified by the rules. Remaining prizes will be awarded to the first entrant(s) selected who correctly answers a mathematical skill-testing question and complies with the contest rules.
6. Promotional cups that contain printing, production, typographical, mechanical or other errors are automatically void. Liability for such promotional cups is limited to replacement with another promotional cup, while supplies last.
7. This contest is subject to all applicable Federal, Provincial and Municipal laws. Decisions of the contest judges are final and binding on all entrants with respect to all aspects of the contest. Promotion is void where prohibited. Unclaimed prizes will not be awarded. The personal information you are providing to enter this contest will be used only to administer this contest, and for no other reason. However, by accepting a prize, winners consent to the use of their name, likeness, hometown name and photograph for advertising purposes without additional compensation. 8. All promotional cups and Prize Claims become the property of Timothy’s for any and all purposes and will not be returned. All promotional cups shall be subject to verification and shall be null and void if they are found to have been obtained outside legitimate channels of distribution or are illegible, forged, not original, defaced, altered, mutilated or tampered with in any way or not obtained in accordance with these contest rules. Timothy’s shall not be in any way responsible for promotional cups or Prize Claims which are late, delayed, stolen, illegible, misdirected, incomplete, forged, lost or destroyed, or have been altered, reproduced or forged, in the opinion of the judges. All such promotional cups and Prizes Claims will be declared void. Promotional cups and Prize Claim Forms received after April 20, 2019 are null and void and are not eligible to receive a prize.
9. Lost, late, incomplete, illegible, damaged, postage-due or misdirected entries are ineligible.
10. By participating in this contest, entrants agree to be bound by these official rules and all decisions of the Contest Sponsor and the independent contest organization, which are final. Without limitation, Contest Sponsor reserves the right to administer an alternate skill-testing question as it deems appropriate to address discrimination or disability issues.
11. A participant is not a winner of any prize until the winning cup and the participant’ compliance with these Official Rules have been verified (a) by Sponsor for non-food prizes; and (b) at a participating Timothy’s location for Timothy’s food prizes. If any potential winner declines a prize or is found to be ineligible, or if he/she fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize he or she otherwise might have received.
12. MISCELLANEOUS:
a. Disqualification/Force Majeure. It is the participant’s responsibility to ensure that he or she has complied with the conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the promotion; or with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, without prior notice and at any time, to terminate the promotion, in whole or in part, or modify, suspend or extend the promotion in any way, if it determines, in its sole discretion, that the promotion is impaired or corrupted or that fraud or technical problems or malfunctions have destroyed or severely undermined the proper play, integrity and/or feasibility of the promotion or any component thereof. Only the type and quantity of prizes described in these Official Rules will be awarded. Any prizes that are not claimed in accordance with these Official Rules will not be awarded. In the event that Sponsor is prevented from continuing with the promotion as contemplated herein by any event beyond its control, then Sponsor shall have the right to modify, suspend, extend or terminate the promotion.
b. Disclaimer of Warranties. The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any non-food prizes furnished by third parties in connection with the promotion. Without limiting the generality of the foregoing, such prizes are provided “as is” without warranty of any kind, either express or implied, and Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
c. Invalidity/Headings/Modification. The invalidity or unenforceability of any provision of these Official 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 Official 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. Headings used in these Official Rules are solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. In particular, Timothy’s restaurant employees or managers are not authorized to modify or amend these Official Rules.
d. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the participant or Sponsor in connection with the promotion shall be governed by and construed in accordance with the laws of the Province of Ontario. This promotion is subject to all applicable laws.



Prizes

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