2021 National Cupcake Day™ Decorating Contest presented by Robin Hood® Flour & Milk-Bone®

The 2021 National Cupcake Day™ Decorating Contest presented by Robin Hood® Flour & Milk-Bone® is being run by the Ontario SPCA and Humane Society, as the sole Sponsor and organizers of this National event, which brings together animal welfare groups from across Canada.  Smucker Foods of Canada Corp. brands Milk-Bone® and Robin Hood® Flour are providing the prizing for the contest. 

1. ENTRANT ELIGIBILITY: To become an entrant (the “Entrant(s)”) and be eligible for a chance to win a  prize, a person must, at the time of entry into the Contest and at the time of awarding the prize (as applicable): (a) be an individual legal resident of Canada excluding Quebec residents, (b) enter into one of the four applicable contest categories: youth (defined as  a person ten years old or younger), teen (defined as a person between eleven and eighteen years old), adult (defined as a person who is eighteen years old or order and who is not a professional baker) or professional (defined as anyone who sells baked goods) (c) be registered for National Cupcake Day™ (d) fundraise a minimum of $50 CAD online for the participating society of their choice by the time the contest closes and (e) submit a photo of their personally decorated cupcake. 

2. CONTEST PERIOD: The Contest commences at 8:00:01 AM (ET) on January 5th 2021 and will end at 11:59:59 PM (ET) on February 21, 2021, (the "Contest Period"). All Submissions must be received during the Contest Period by no later than 11:59:59 PM (ET) on February 21, 2021 (the "Contest Closing Date").

3. HOW TO BECOME AN ENTRANT: To become an Entrant, you must ensure that you: (a) register for National Cupcake Day™ at www.nationalcupcakeday.ca (b) fundraise a minimum of $50 online through your personal fundraising page (c) submit a photo into the contest by direct upload; and (d) fill in the requested personal information/claim your entry.

4. LIMIT OF NUMBER OF ENTRIES: There is a limit of one (1) Entry per person/email address, during the Contest Period. 

Entrants may use only one (1) e-mail address to enter and any Entries generated by script, macro, robotic, programmed, or any other automated means or by any other means which in the opinion of the Sponsor in its sole and absolute discretion subvert the entry process are void. In the event of a dispute as to who submitted an Entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Releasees (defined below) will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries, all of which will be void.

All Entries (and each component thereof) must be in “good taste” and must not be offensive, as determined in the sole and absolute discretion of the Ontario SPCA and Humane Society. For greater certainty, only the potential Entrants who submitted an Entry (as outlined above) will be eligible for a chance to win a prize.

The Releasees include the Ontario SPCA and Humane Society, Smucker Foods of Canada Corp. and its parent or affiliated companies, National Cupcake Day™, all participating animal wellness organizations affiliated with the event (the “Contest Parties”). 

5. SUBMISSION REQUIREMENTS: Upon submission, each Entrant: (i) grants to the Ontario SPCA and Humane Society and Smucker Foods of Canada Corp., in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Submission in favour of the Ontario SPCA and Humane Society and Smucker Foods of Canada Corp.; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Ontario SPCA reserves the right, in its sole and absolute discretion at any time during the Contest, to modify, edit or remove any Submission, or to request an entrant to modify or edit his/her Submission, if a complaint is received with respect to the Submission, or for any other reason.

By participating in the Contest, each Entrant agrees to be bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Submission:

i. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer and the other people in the Photo) in and to the Submission (and all components thereof) to enter the Contest;

ii. does not violate any law, statute, ordinance or regulation;

iii. does not contain any reference to or likeness of any identifiable third parties;

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; and

v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual or religious groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor or Smucker Foods of Canada Corp.; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor or Smucker Foods of Canada Corp. (e.g. any clothing worn and/or products appearing in your Photo must not contain any visible logos, trade-marks or other third party materials (note: all identifiable third party products, trade marks, brands and/or logos must be blurred out); conduct or other activities in violation of these Official Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor or Smucker Foods of Canada Corp. in its sole and absolute discretion.

6. SUITABILITY FOR PUBLICATION: The Sponsor reserves the right to reject any Submission if in the sole opinion of the Sponsor acting in its absolute discretion, the Submission (or a component thereof) would be inappropriate, dangerous or would violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Sponsor to lawsuits, (for example, by containing any commercial content that promotes any product or service other than those of the Sponsor), embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavourably on the Contest Parties  or any of their products or services. In any such case, the corresponding Entry will be disqualified and the Entrant is subject to disqualification.

7. THE PRIZE: There are a total of 4 categories for this contest and the winner (defined as the successful entry with the most votes on it at the time the contest closes)  from each category will go into a draw and pulled at random to determine the order in which the four winners will select their prize from the pool of prizes to be won.   Odds of winning depend on the number of entries in your contest category and how many votes your entry receives as compared with other entries in your age category. 

The prizes for the contest include a Furbo Dog Camera (Retail $199), $200 pre-paid Mastercard (two available to be won), Bissell Pet Pro Series Pet Hair Eraser (Retail $179) and a KitchenAid Stand Mixer (Retail $299).

 (i) The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash and cannot be sold; (ii) the Ontario SPCA and Humane Society reserves the right at any time to substitute the Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, (iii) by accepting the Prize, the winner agrees to waive all recourse against the Releasees (defined above) if the Prizes or a component thereof does not prove satisfactory, either in whole or in part.

8. SELECTING A WINNER: The winner of each category will be selected based off the photo with the most votes.  In the event of a tie, between two or more entrants, the names of the entrants will be put into a draw and one name will be pulled at random and announced the winner. 

In order to be declared the confirmed winner of the prize, the selected entrant will be required to answer a mathematical skill testing question and respond to their winning notification with a mailing address within 10 days of being notified. 

9. GENERAL: The Releasees do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of any information; (ii) Submissions which fail to comply with these Rules; (iii) any loss, damage, or claims caused by the awarded Prize or the Contest itself; (iv) any failure of the Website or Application during the Contest Period, including any problems, human or technical error, printing errors, lost, delayed, garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail; or on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer or other device related to or resulting from downloading any material in the Contest, all of which may affect a person’s ability to participate in the Contest; (v) the Releasees shall not be held responsible for anything related to this contest, whatsoever or (vi) any other matter whatsoever. Submission that has been tampered with or altered are void.

10. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with: (i) the laws of the Province of Ontario and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein in respect of residents of the other Canadian provinces and territories, without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made; the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. THE PRIZE IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER BY THE ONTARIO SPCA AND HUMANE SOCIETY, THE CONTEST PARTIES  OR THE PRIZE PROVIDER, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR INTENDED PURPOSE. All product warranty claims are the obligation of the manufacturer.

11. The Ontario SPCA and Humane Society reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant, Entry or Submission with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.

12. CONSENT TO USE PERSONAL INFORMATION: The Ontario SPCA and Humane Society respects your right to privacy. To view our privacy statement, visit http://www.ontariospca.ca/privacy-statement.html. By participating in this Contest, you expressly consent to the Ontario SPCA and Humane Society, the contest sponsors, its agents and/or representatives, storing, sharing and using your personal information only for the purpose of administering the Contest and in accordance with Sponsor’s Privacy Statement, unless you otherwise agree.  By participating in the contest, you irrevocably grant the contest organizers the right and permission to publicly disclose and use your name, age and/or prize information for promotional or other purposes. 

13. 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 Contest-related materials, including, but not limited to: the Contest entry form, Website, Application, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.

14. No purchase necessary- to enter the contest without purchase, the entrant may a) register for national cupcake day and b) submit a photo of a personally drawn image of a decorated cupcake for a chance to win a prize. 

15. The Ontario SPCA and Humane Societies reserves the right to terminate or amend the contest as deemed necessary throughout the contest period. 

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