Tim Hortons® Holiday Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.  DO NOT PROCEED IN THIS SITE IF YOU ARE NOT LOCATED IN THE UNITED STATES.

The Promotion begins November 11 at 11:00:00am U.S. Eastern Time (“ET”) and ends December 22, 2013 at 11:59:59 pm ET (“Promotion Period”).

Tim Hortons® Holiday Sweepstakes (“Promotion” or “Sweepstakes”), sponsored and administered by TMPG (“Sponsor”) is open to all legal residents of the United States who are resident in Ohio, West Virginia, Kentucky or Michigan and who are at least eighteen (18) years of age at the time of entry. Void outside the United States and outside of eligible states, in Puerto Rico and where prohibited by law.

1. How to Enter:
During the Promotion Period, visit http://www.TimHortonsHoliday.com and follow the links and instructions. Complete and submit the online official entry form including full name, address (city, state and zip), telephone number and date of birth. You will be asked to upload a photograph in order to receive a sweepstakes entry. Entering the sweepstakes is a form of material submitted online to Sponsor as set forth in the privacy policy at http://www.TimHortonsHoliday.com/privacy-policy.  One (1) entry per person and/or IP Address per day. The uploaded photograph is a form of material submitted online to sponsor’s promotional partner, Tim Hortons®, as set forth in the terms of use at www.timhortons.com/us/en/privacy.html.

Any attempt by any individual to exceed the above-indicated entry limits by using multiple/different e-mail or IP addresses, identities, or any other methods will void all that individual's entries and that individual will be disqualified. Use of any automated program or like means to submit an entry form will result in disqualification. Sponsor, its promotional partner Tim Hortons®, radio station partners and their respective agencies are not responsible for late, lost, garbled/illegible, misdirected, incomplete or invalid submissions, all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of a dispute as to identity of any entrant the authorized account holder of the e-mail address used to submit an entry will be deemed the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

2. Data Collection. Sponsor and its agencies collect personal information from you when you participate in the Promotion. The information collected is subject to the Sponsor’s Privacy Policy at http://www.TimHortonsHoliday.com/privacy-policy.

3. Prize Drawings: There will be one (1) Grand Prize in the Promotion. The prize winners will be selected in a random drawing held from among all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor – TMPG – on or around January 3rd, 2014.

4. Prizes and Odds of Winning
Grand Prize – One (1) winner will win (1) Spa Package in the form of either a $300 SpaFinder® gift card or a $300 American Express® gift card as determined by Sponsor and one (1) $100 Tim Card.
First Prizes – Five (5) winners will win a month’s worth of Tim Hortons® Single Serve coffee cups in the form of (3) 12-cup boxes each. Approximate Retail Value of each of the five (5) first prizes is $27.00
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES:  $535.00
Use of Tim Hortons®’ Tim Card, SpaFinder® gift card and American Express® gift card are alll subject to terms/conditions indicated thereon which may include expiration date (where lawful). Winners are solely responsible for any applicable federal, state, and local taxes associated with prize acceptance, receipt and use. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize with another prize of equal value if advertised prize cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner (except where required by law).
In the event that a potential prize winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize without compensation. In the event that a potential prize winner is disqualified for any reason, potential winner forfeits prize. In the event of prize forfeiture, an alternate winner will be selected in a random drawing from all remaining eligible entries received for the drawing. Potential winner will be notified by e-mail, U.S. mail, or phone. Prize will be fulfilled by mail approximately 8-10 weeks after the conclusion of the Promotion, subject to verification of potential winner’s eligibility and full compliance with these Official Rules. If the potential winner cannot be contacted, within the required time period, or if the prize is returned as undelivered, potential winner forfeits such prize and an alternate winner may be selected.

Odds of winning depend on the total number of eligible entries received.

5. Eligibility: Void where prohibited. In addition to the above criteria, employees, officers, and directors of Tim Hortons® and Tim Hortons® franchisees, radio station partners and TMPG (Sponsor), their respective partners, agencies, related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents), and same household members of each such employee, officer, and director are not eligible to enter or win the prize. All applicable federal, state, and local laws and regulations apply. By participating, you agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

6. General Conditions: Sponsor’s computer is the official clock for purposes of the Sweepstakes. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor will select the winners via random drawing comprised of all eligible entries received prior to (and/or after, if appropriate) the action taken by Sponsor or by some other means deemed by Sponsor in its sole discretion to be fair, appropriate, and consistent with the spirit of these Official Rules. And, notice of such action by Sponsor will be posted on http://www.TimHortonsHoliday.com. Sponsor reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage Sponsor’s or any related promotion web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. These Official Rules (or any other Sweepstakes materials) may not be published elsewhere without the express written consent of Sponsor, which may be withheld for any reason.

7. Publicity Release: Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s use of winner’s uploaded photograph and name, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.

8. Liability Release: By entering, entrant agrees to release and hold harmless Sponsor, its partners and agencies (including but not limited to Tim Hortons®, radio station partners and TMPG), their respective related companies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize.

9. Limitations of Liability: Sponsor, its partners and agencies (including but not limited to Tim Hortons®, Tim Hortons® franchisees, radio station partners and TMPG) are not responsible for and you hereby release Sponsor, its partners and agencies (including but not limited to Tim Hortons®, Tim Hortons® franchisees, radio station partners and TMPG) from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, incomplete, misdirected entries, or entries  received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware, or software; (3) the unavailability or inaccessibility of Web site or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on Web site whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries; or (6) any injury or damage to persons or property, including but not limited to an individual’s computer (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion or from downloading any material from Sponsor’s or related Web site(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or its agency’s Web site by a hypertext link.

10. Disputes/Choice of Law: To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize  shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Columbus, OH, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased.  The internal, substantive law of Ohio governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in Columbus, OH.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11. Winners List: For the winners list, mail a self-addressed stamped envelope to Tim Hortons® Holiday Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604.  Requests must be received by December 22, 2013.

12. Sponsor and Administrator

TMPG
711 Westchester Avenue, Suite 102
White Plains, NY 10604

SpaFinder is a registered trademark of SpaFinder Wellness 365, Inc.
American Express is a registered trademark of American Express Company