Love Local Holiday Giveaway

Official Rules

Purpose: SPATULA’s Support Local Holiday Giveaway Official Rules (the “Rules”), together with SPATULA’s Terms of Service(the “Terms of Service”), govern the SPATULA Support Local Holiday Giveaway (the “Giveaway”). In the event of any conflict between these Rules and the Terms of Service, these Rules shall govern such conflict.

By entering into the Giveaway, you fully and unconditionally agree to be bound by these Rules and the Terms of Service and represent that you satisfy all eligibility requirements for the Giveaway.

Sponsor: The Giveaway is sponsored by SPATULA Foods, Inc. (“Sponsor” or “SPATULA”). The Giveaway is not sponsored or administered by any other company (including, without limitation, Instagram or Facebook, which are not associated with and do not endorse the Giveaway). Certain other companies are providing prizes (as defined below) for the Giveaway or acting as media partners for the Giveaway (such companies, the “Participating Brands”). You may be able to enter the Giveaway by taking particular actions with some of the Participating Brands, as described in these rules. By entering the Giveaway, you agree to release Instagram and Facebook of any obligation, expectation, claim, or liability of any kind in connection with your entry or the Giveaway.

Binding Agreement: As described above, in order to enter or participate in the Giveaway, and to potentially receive a prize package (as defined below), you must fully and unconditionally agree to be bound by these Rules and the Terms of Service. By entering the Giveaway, you represent that you have read these Rules and the Terms of Service prior to your entry and that you fully and unconditionally understand and agree to them.

Eligibility: To be eligible to enter the Giveaway, you must be an individual, natural person not acting on behalf of or at the behest of any entity or business, at least eighteen (18) years old, a legal resident of Canada and currently located within SPATULA’s service area to receive delivery. Employees, officers, and directors of Sponsor or any Participating Brand, and their immediate family members (i.e., parents, children, spouses or partners, grandparents, grandchildren, aunts, uncles, nieces, or nephews), are not eligible to enter the Giveaway. Residents outside Ontario are not eligible to participate in the Giveaway. Individuals who participate in the Giveaway but are not eligible for these reasons, or for any reason under statutory or common law, or any rule or regulation, shall have any award cancelled, and they must, in Sponsor’s discretion, return any prize package mistakenly delivered to them.

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The items included in the prize package will be shipped to you by the respective companies listed above. Sponsor is not responsible for the other Participating Brands’ shipping or fulfillment.
No transfer, substitution, or cash equivalent for prizes is allowed, except in Sponsor’s and Participating Brands’ sole discretion. Sponsor and the applicable Participating Brands each reserve the right to substitute a prize, in whole or in part, of equal or greater monetary value if, for any reason, a prize cannot be awarded, in whole or in part.

Odds of Winning: Odds of winning the Giveaway will depend on the number of entries received during the Giveaway Period.

Conditions: All federal, provincial, and local laws and regulations apply to the Giveaway and the Giveaway is void where prohibited by law. Sponsor reserves the right to disqualify any entry from the Giveaway if, in Sponsor’s sole discretion, it reasonably believes that the entry was or resulted from an attempt to undermine the legitimate operation of the Giveaway by fraud, cheating, deception, or other unfair practices, or the entrant annoys, abuses, threatens, or harasses any other entrants or Sponsor. Entries using automated means of any kind are prohibited.

Privacy: You agree that personal data submitted with an entry to participate in the Giveaway (including, without limitation, name, e-mail address, and/or postal code) may be collected, processed, stored, and otherwise used by Sponsor, Participating Brands, and their affiliates for the purposes of conducting and administering the Giveaway. You also agree that any personal data submitted by you in connection with an entry may be used in connection with Sponsor’s and Participating Brands’, and their respective affiliates’, promotional, marketing, and advertising purposes. Without limitation, Sponsor and Participating Brands may from time to time use your personal information to send you updates about themselves and their products and services, as well as promotional materials. By entering the Giveaway and accepting the applicable terms, you fully and unconditionally agree to the terms of Sponsor’s and Participating Brands’ privacy policies, links to which are provided below:

Release, Indemnification, and Acknowledgement of Disclaimer of Warranties: By entering the Giveaway, and to the maximum extent permitted by law, you agree to release, defend, indemnify and hold harmless Sponsor, each Participating Brand, each of Sponsor’s and the Participating Brands’ subsidiaries, affiliates, distributors, and suppliers, and their respective employees, officers, directors, agents, and representatives (the “Released Parties”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, fines, costs, and/or expenses (including, without limitation, reasonable attorney fees) arising out of or relating to: (i) any misrepresentation you make in connection with the Giveaway; (ii) any non-compliance by you with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to your or other entrants’ entry into or involvement with the Giveaway; (iv) acceptance, possession, misuse, or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (v) any malfunction or other problem with Instagram, Facebook, or Sponsor’s or any Participating Brand’s e-mail or computer systems in relation to the entry and participation in the Giveaway by you; (vi) any error in the collection, processing, or retention of entry in relation to the entry and participation in the Giveaway by you; or (vii) any typographical or other error in the printing, offering, or announcement of any prize or winners in relation to your entry and participation in the Giveaway.
You further agree to release, defend, indemnify, and hold harmless Sponsor, each of Sponsor’s subsidiaries, affiliates, distributors, and suppliers, and their respective employees, officers, directors, agents, and representatives from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, injuries (including death and/or disability), property damage, fines, costs, and expenses (including, without limitation, reasonable attorney fees) arising out of or relating in any way to: (i) any prize provided by any Participating Brand or the use or misuse of any such prize; and (ii) the handling, mishandling, use, or sale of your personal data by any Participating Brand. Sponsor does not provide and hereby expressly disclaims any and all warranties of any kind (including, without limitation, warranties regarding the condition, safety, or fitness for a particular purpose) regarding any prize sold, manufactured, distributed, or provided by any Participating Brand. You further acknowledge that Sponsor expressly disclaims any warranties regarding, and is not responsible for, the safety, quality, value, fitness, or proper use of any prize provided by a Participating Brand.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS LIABILITY FOR, AND IN NO EVENT WILL THE SPONSOR BE LIABLE FOR, ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED TO, YOUR PARTICIPATION IN THE GIVEAWAY OR USE OR INABILITY TO USE ANY PRIZE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE GIVEAWAY, OR YOUR USE OF OR INABILITY TO USE ANY PRIZE, EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Giveaway or alter these Rules for any reason, including but not limited to alteration or corruption of the administration of the Giveaway by computer virus, technical problem, or other unexpected or unforeseeable event.

Intellectual Property Notice: SPATULA is a trademark of SPATULA Foods, Inc. The Giveaway and all accompanying materials are copyright © 2022 by SPATULA Foods, Inc. All rights reserved.

Miscellaneous: If any provision(s) of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The party prevailing in any suit seeking the interpretation or enforcement of any provision of these Rules shall recover its reasonable attorneys’ fees incurred.
This promotion is in no way sponsored, endorsed, or administered by, or otherwise associated with, Instagram or Facebook.
BY PARTICIPATING IN THE GIVEAWAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE RULES AND THE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.