OFFICIAL TERMS AND CONDITIONS

THIS PROGRAM IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW

Standard data rates apply to participants who choose to participate via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. KEY DATES:

Giuseppe Practice with a Pro (the “Program”) is sponsored by Dr. Oetker Canada Ltd. (“Dr. Oetker”). The Program begins on November 4, 2024 at 12:00:00 a.m. Eastern Time (“ET”) and ends on February 28, 2025 at 11:59:59 p.m. ET (the “Program Period”). There are a total of one-hundred and seventeen (117) days (each, a “Day”) in the Program Period. For the purposes of this Program, each Day starts at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET.

2. ELIGIBILITY TO MAKE A NOMINATION:

To participate in the Program and make a nomination (a “Nomination”) as a nominator (a “Nominator”), you must be a resident of Canada who: (i) has reached the legal age of majority in your province/territory of residence at the time of participation; or (ii) is between the ages of thirteen (13) and the legal age of majority in your province/territory of residence (each, a “Minor”) – provided your parent/legal guardian has consented to your participation in the Program and has accepted and agreed to be legally bound by these Official Terms and Conditions (the “Terms”) on your behalf.

NOTE TO MINORS: Dr. Oetker reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying their: (i) agreement to be legally bound by these Terms on the Minor’s behalf; (ii) consent to the Minor’s participation in this Program; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of Dr. Oetker within the time frame specified by Dr. Oetker may, in the sole and absolute discretion of Dr. Oetker, result in disqualification of the Minor (and any associated Nomination or Nominations).

3. ELIGIBLE NOMINEES:

To participate in the Program and receive a Nomination as a nominee (a “Nominee”), you must be a Canadian minor hockey team (a “Team”) that is recognized by Hockey Canada.

Any and all actions contemplated in these Terms on behalf of a Team that is eligible to win a Prize (as defined below) must be completed by an authorized representative of the Team (each a “Representative”) who: (a) is a resident of Canada; (b) has reached the legal age of majority in their province or territory of residence; (c) resides in Canada during the Program Period and at the time of fulfillment; and (d) is a coach of the Team (a “Coach”) or a spouse/common-law partner of a Coach on the Team, or is the parent/legal guardian of a player (a “Team Member”) on the Team. The Representative will be responsible for completing any and all actions contemplated in these Terms on behalf of a Team that is eligible to win the Grand Prize (as defined below) – including, but not limited to, coordinating with Dr. Oetker (or its designated representative) as it relates to accepting and facilitating Grand Prize fulfillment. 

Dr. Oetker reserves the right, in its sole and absolute discretion at any time, to disqualify any Team if Dr. Oetker determines that allowing the Team to participate in the Program could bring Dr. Oetker into public disrepute or in any way impact the good standing or reputation of Dr. Oetker in the eyes of the general public. Dr. Oetker’s decisions on all matters arising in this regard shall be final and binding without right of appeal.

FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, THE REPRESENTATIVE IS NOT THE NOMINEE AND HAS NO RIGHT TO PERSONALLY CLAIM THE GRAND PRIZE OR A PORTION THEREOF. THE NOMINEE IN THIS PROGRAM IS THE TEAM.

4. HOW TO MAKE A NOMINATION:

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT THE OPPORTUNITY TO RECEIVE A PRIZE IN RELATION TO THIS PROGRAM. 

During the Program Period, an eligible Nominator can make a Nomination by going to www.giuseppepracticewithapro.com (the “Website”) and following the on-screen prompts to obtain and fully complete the Official Nomination Form (the “Form”) with all required information – including, but not limited to: (i) the Nominator’s full name and contact details; (ii) the full name and contact details of a Representative of the Team; and (iii) a 150 to 500 word (English or French) written submission (a “Submission”) that describes how the Team achieves at least one (1) of the following concepts:

• TOGETHERNESS – Tell us a story about how your team has accomplished something together that you could not have accomplished on your own!
• EMPOWERMENT – Tell us how your team or teammates support and help each other without even having to be told!
• ASSISTING – Tell us a story about how your team helps to make your community a better place!
• MEMORABLE – Tell us a memorable story about how your team is made up of Canada’s Greatest Teammates!

To be eligible, all content and materials associated with a Nomination (collectively, the “NominationMaterials”) must: (i) be submitted and received during a Program Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Terms, including, but not limited to, the specific Submission Requirements listed below in Section 7 (all as determined by Dr. Oetker in its sole and absolute discretion). 

After completing a Nomination in accordance with these Terms, the eligible Nominator will automatically earn one (1) Entry (each, an “Entry”) in the random draw for the chance to win a Secondary Prize (as defined below in Rule 9). NOTE: If an eligible Nominator wishes to earn an Entry without making a Nomination they must follow the on-screen prompts on the Form. There is a limit of one (1) Entry per Nominator, per Day – regardless of how many Nominations they submit in accordance with these Terms.

5. NOMINATION LIMIT AND CONDITIONS:

The following limits and conditions apply to Nominations in the Program:

• An eligible Nominator cannot submit more than one (1) Nomination in relation to the same Nominee.
• The same Nominee can be nominated by multiple eligible Nominators in accordance with these Terms.
• An eligible Nominator who is affiliated with a Team (e.g. a Coach of the Team) can complete a Nomination for that Team.
• A Nominator may only complete a Nomination for an eligible Nominee if the Nominator has received a valid consent from a Team Member or a coach on the Team – where such consent specifically permits the Nominator to complete the Nomination, and for the Team to be contacted by the Oetker for the purposes of administering the Program; and
• A Nominator may only provide information in relation to an eligible Nominee if that the Nominator: (i) has a direct voluntary two-way communications with a Team Member or a Coach on the Team; or (ii) is a spouse/common-law partner of a Coach on the Team; or (iii) is a parent/legal guardian of a Team Member; or (iv) is Team Member or a Coach on the Team.

If it is discovered by Dr. Oetker (using any evidence or other information made available to or otherwise discovered by Dr. Oetker) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with Dr. Oetker’s interpretation of the letter and/or spirit of these Terms to participate in or to disrupt this Program; then they may, in the sole and absolute discretion of Dr. Oetker, be disqualified from the Program. Dr. Oetker, its associated and affiliated entities, advertising/promotion agencies and all other individuals and entities involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively with Dr. Oetker, the “ProgramParties”), and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Nominations and/or Nomination Materials (all of which are void). 

A Nomination may be rejected if, in the sole and absolute discretion of Dr. Oetker: (i) the Nomination (including, but not limited to, any associated Nomination Materials) is not submitted and received in accordance with these Terms during the Program Period; and/or (ii) the Nomination Materials accompanying the Nomination are not in compliance with these Terms (including, but not limited to, the specific Submission Requirements listed below in Section 7) (all as determined by Dr. Oetker in its sole and absolute discretion).

IMPORTANT NOTE: Individuals may encourage others to submit a Nomination; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Nomination. In addition, proxy nomination schemes (or anything reasonably resembling a proxy nomination scheme, as determined by Dr. Oetker in its sole and absolute discretion) are hereby expressly prohibited. Any individual or entity determined by Dr. Oetker and/or its representative(s) to be engaging in any such behaviours and/or in violation of Dr. Oetker’s interpretation of the letter and/or spirit of these Terms (all as determined in the sole and absolute discretion of Dr. Oetker) will be disqualified. 

6. VERIFICATION:

All Nominations, Nomination Materials, Teams, Representatives, Nominees, Nominators and participants are subject to verification at any time and for any reason. Dr. Oetker reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Dr. Oetker – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Nomination, Nomination Materials, Team, Representative, Nominee, Nominator and/or other information entered (or purportedly entered) for the purposes of this Program; and/or (iii) for any other reason Dr. Oetker deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with Dr. Oetker’s interpretation of the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of Dr. Oetker within the timeline specified by Dr. Oetker may result in disqualification in the sole and absolute discretion of Dr. Oetker. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) of Dr. Oetker.

7. SUBMISSION REQUIREMENTS:

BY SUBMITTING A NOMINATION, EACH NOMINATOR (AND THEIR PARENT/LEGAL GUARDIAN ON THEIR BEHALF IF THE NOMINATOR IS A MINOR) AGREES THAT THE NOMINATION (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. DR. OETKER AND THE OTHER RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY NOMINATION (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS); (II) PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. DR. OETKER AND THE OTHER RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH NOMINATOR (AND THEIR PARENT/LEGAL GUARDIAN ON THEIR BEHALF IF THE NOMINATOR IS A MINOR) IN THE EVENT IT IS DISCOVERED THAT A NOMINATOR HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS.

By participating in the Program, each Nominator (and their parent/legal guardian on their behalf if the Nominator is a Minor) hereby warrants and represents that any Nomination Materials they submit:

1. are original to the Nominator and that the Nominator has obtained all necessary rights in and to the Nomination Materials for the purposes of submitting such Nomination Materials in the Program;
2. do not violate any law, statute, ordinance or regulation;
3. do not contain any reference to or likeness of any identifiable 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;
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
5. are not defamatory, trade libelous or obscene, and further that they will not contain, depict, include, discuss or involve any materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Dr. Oetker in its sole and absolute discretion.

Dr. Oetker and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Nomination Materials. Any Nomination Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification – in which case Dr. Oetker reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Nomination Materials (and therefore the corresponding Nomination and/or the associated Nominator/Nominee) – to help ensure that the Program is being conducted in accordance with Dr. Oetker’s interpretation of the letter and spirit of these Terms.

8. LICENSE:

By entering the Program and submitting a Nomination, each Nominator (and their parent/legal guardian on their behalf if the Nominator is a Minor): (i) grants to Dr. Oetker, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their Nomination Materials (and each component thereof), in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waives all moral rights in and to their Nomination Materials (and each component thereof) in favour of Dr. Oetker (and anyone authorized by Dr. Oetker to use such Nomination Materials); and (iii) agrees to release and hold harmless Dr. Oetker and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of their Nomination Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

9. PRIZES:

There will be a total of one-hundred and eighteen (118) Prizes (each, a “Prize”) available to be won, as follows:

Grand Prize (1):

There will be one (1) Grand Prize (the “Grand Prize”) available to be won. The Grand Prize consists of:

• A trip for the Team associated with the confirmed Grand Prize winning Nomination to the 2025 Memorial Cup (the “Event”) – which is scheduled to be held in Rimouski, Quebec in Spring, 2025 (exact dates subject to confirmation) – which includes:

• round trip transportation (economy class) to Rimouski, Quebec for: (a) up to eighteen (18) Team Members**; (b) one parent/legal guardian per Team Member (up to eighteen (18) chaperones in total**); and (c) up to four (4) Coaches from the Team (collectively, the “Travel Participant(s)”);

** If a Team consists of more than eighteen (18) Team Members, then Dr. Oetker reserves the right, in its sole and absolute discretion, to allow these additional Team Members (and chaperones) to participate in the Grand Prize. For the avoidance of any doubt, Dr. Oetker is under no obligation to allow additional Team Members (and chaperones) to participate in the Grand Prize.

• accommodation for all Travel Participants (based on double occupancy) for two (2) nights in a hotel or hotels to be selected by Dr. Oetker in its sole and absolute discretion;

• select meals for Travel Participants (as determined by Dr. Oetker in its sole and absolute discretion);

• tickets (seating level to be determined by Dr. Oetker in its sole and absolute discretion) to the Event for all Travel Participants;

• the opportunity for Team Members to participate in an on-ice activity during an intermission at the Event (as determined by Dr. Oetker in its sole and absolute discretion – subject to availability);

• One (1) hour of ice time for the Team to practice with Hockey Hall of Fame Legend Jarome Iginla – who will accompany the Team during a practice (the “Practice Event”) and individual prize packs for the Team Members (the exact contents of such prize packs shall be determined by Dr. Oetker in its sole and absolute discretion). The Practice Event will also include a private pizza party with Jarome Iginla.

The total approximate retail value of the Grand Prize is $141,000 CAD – based on a Vancouver departure example – although the actual retail value will vary depending on the point of departure, number of Travel Participants and other factors. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of transportation, accommodations (including, without limitation, room size and occupancy) and all other aspects of the Grand Prize are at the sole and absolute discretion of Dr. Oetker.

Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Dr. Oetker in its sole and absolute discretion); (ii) no substitutions are permitted, except at Dr. Oetker’s option; (iii) participation in the Grand Prize must occur within and/or on or before the date or dates specified by Dr. Oetker (otherwise the Grand Prize may, in the sole and absolute discretion of Dr. Oetker, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) Travel Participants must have all necessary documentation to permit participation in the Grand Prize and must participate on the same itinerary as set by or on behalf of Dr. Oetker; (v) the costs of everything not specifically and expressly stated above as included in the Grand Prize are the sole and absolute responsibility of the Travel Participants, including, without limitation: additional meals and drinks; gratuities; entertainment; health and travel insurance; transportation to and from the Canadian departure location selected by Dr. Oetker; additional transportation; baggage and other fees; and items of a personal nature (NOTE: a Travel Participant may be required to present a valid major credit card in their name at the time of hotel check-in to cover any incidental expenses); (vi) if a Travel Participant does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized may, in the sole and absolute discretion of Dr. Oetker, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Dr. Oetker reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at Dr. Oetker’s sole discretion, a cash award; (viii) all arrangements relating to the Grand Prize must be made through Dr. Oetker or its designated agents; and (ix) by accepting the Grand Prize, all Travel Participants (and their parent/legal guardian on their behalf if the Travel Participant is a Minor) agrees to waive all recourse against Dr. Oetker and all of the other Released Parties if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.

All Travel Participants must sign and (and have their parent/legal guardian sign on their behalf if the Travel Participant is a Minor) and return Dr. Oetker’s release (by the date indicated on the release form) indicating that they waive all recourse against Dr. Oetker and all of the other Released Parties relating to their participation in the Grand Prize (including, without limitation, any travel related thereto).

It is strongly recommended and encouraged that each Travel Participant obtain sufficient personal travel and medical insurance prior to departure. Transportation is subject to availability, government restrictions and regulations, or other transportation restrictions and regulations.

IMPORTANT NOTE: In the event that any Travel Participant resides within a 200 kilometer radius of Rimouski, Quebec (as determined by Dr. Oetker in its sole and absolute discretion), Dr. Oetker will determine, in its sole and absolute discretion, whether or not the Grand Prize will include airline travel, another form of transportation to and from Rimouski, Quebec, or reimbursement for certain incurred fuel costs. All decisions of Dr. Oetker in this regard will be final and binding without right of appeal.

Dr. Oetker and the other Released Parties will not be responsible in the event the Grand Prize or any portion thereof (including, but not limited to, the Event or the Practice Event is delayed, cancelled, postponed or rescheduled for any reason whatsoever, including without limitation, by reason of COVID-19.

IMPORTANT NOTE RE: COVID-19: In order to participate in the Grand Prize, each Travel Participant will be required to strictly follow all then current COVID-19 protocols. Failure of a Travel Participant to comply with these requirements will result in the inability to participate in the Grand Prize (and will therefore result in forfeiture of the Grand Prize in the sole and absolute discretion of Dr. Oetker).

Neither a Travel Participant, nor any other person or entity, will be compensated in the event of such delay, cancellation or other event contemplated herein. Dr. Oetker will not replace any lost or stolen tickets. Changes to transportation, accommodations and or passenger names are not accepted once bookings have been confirmed. 

Secondary Prizes (117):

There will be a total of one-hundred and seventeen (117) Secondary Prizes (each, a “Secondary Prize”) available to be won, as follows:

There is a limit of one (1) Secondary Prize per person.

Without limiting the generality of the foregoing, the following general conditions apply to each Secondary Prize: (i) Secondary Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Dr. Oetker in its sole and absolute discretion); (ii) no substitutions are permitted, except at Dr. Oetker’s option; and (iii) Dr. Oetker reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Secondary Prize or any component thereof; and (b) substitute the Secondary Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at Dr. Oetker’s sole discretion, a cash award.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Program. To the fullest extent permitted by applicable law, each recipient of a Prize (including all Travel Participants) understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either Dr. Oetker or any of the other Released Parties should the applicable Prize fails to be fit for its purpose or is in any way unsatisfactory.

10. SELECTION, NOTIFICATION AND CONFIRMATION PROCESSES FOR GRAND PRIZE:

A panel of judges (the “Program Judges”) appointed by Dr. Oetker will judge each eligible Nomination on the basis of the following weighted criteria:

Each Nomination will be given a score (the “Score”) by the Program Judges. Odds of being selected depend on the number and calibre of eligible Nominations submitted and received during the Nomination Period in accordance with these Terms.

The eligible Nominee with the top Score (as determined by the Program Judges, in their sole and absolute discretion) will be selected as the eligible recipient of the Grand Prize (subject to compliance with these Terms). The odds of winning will depend on the number and caliber of eligible Nominations received during the Program Period.

In the event of a tie between two or more eligible Nominations based on Score, the eligible Nominee – from amongst all such eligible Nominations that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2) will be selected as the eligible recipient of the Grand Prize. In the event of an exact tie based on Criteria 1 and 2, a new panel of judges will be appointed by Dr. Oetker to break the tie in accordance with the preceding procedure.

Judging is scheduled to be completed within approximately four (4) weeks of the Program Period.

Dr. Oetker or its designated representative will make a maximum of two (2) attempts to contact a Representative of the Team that is eligible to receive the Grand Prize (using the information provided on the Form) within five (5) business days of selection. If the Representative of the Team that is eligible to receive the Grand Prize cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the Team may, in the sole and absolute discretion of Dr. Oetker, be disqualified (and, if disqualified, will forfeit all rights to the Grand Prize) and Dr. Oetker reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Team from among the remaining eligible Nominations in accordance with Section 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Team). 

NO TEAM IS THE GRAND PRIZE RECIPIENT UNLESS AND UNTIL DR. OETKER OFFICIALLY CONFIRMS THE TEAM AS THE GRAND PRIZE RECIPIENT IN ACCORDANCE WITH THESE TERMS. BEFORE BEING DECLARED AS THE CONFIRMED GRAND PRIZE RECIPIENT, the Representative of the Team that is eligible to receive the Grand Prize will be required to sign and return within five (5) business days of notification Dr. Oetker’s declaration and release form, which (among other things): (i) confirms their and the Team’s compliance with these Terms; (ii) acknowledges the Team’s acceptance of the Grand Prize (as awarded); (iii) releases Dr. Oetker and all of the other Released Parties from any and all liability in connection with this Program, their and the Team’s participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof (including, but not limited to, any travel related thereto); and (iv) agrees to the publication, reproduction and/or other use of the Team’s name and logo without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Dr. Oetker in any manner whatsoever, including print, broadcast or the internet.

If the Team that is eligible to receive the Grand Prize: (a) fails to have its Representative return the properly executed Program documents within the specified time; (b) cannot accept (or is unwilling to accept) the Grand Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Terms (all as determined by Dr. Oetker in its sole and absolute discretion); then the Team will be disqualified (and will forfeit all rights to the Grand Prize) and Dr. Oetker reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Team from among the remaining eligible Nominations in accordance with Section 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Team). 

11. SELECTION, NOTIFICATION AND CONFIRMATION PROCESSES FOR SECONDARY PRIZES:

There will be one (1) Secondary Prize available to be won in relation to each Day of the Program Period. Starting on November 5, 2024 and each day thereafter until March 1, 2025 (each, a “Draw Date”) - a random draw will be held in Toronto, ON at approximately 12:00 p.m. ET. On each Draw Date, one (1) eligible Nominator will be randomly selected from among all previously non-winning eligible Entries earned in accordance with these Terms by the end of the Day immediately preceding the applicable Draw Date. PREVIOUSLY NON-WINNING ELIGIBLE ENTRIES AUTOMATICALLY CONTINUE TO CARRY FORWARD TO SUBSEQUENT DRAW DATE(S). Each selected eligible Nominator will be eligible to win a Secondary Prize (subject to compliance with these Terms). The odds of winning a Secondary Prize depend on the number of previously non-winning eligible Entire earned in accordance with these Terms by the end of the Day immediately preceding the applicable Draw Date.

For the purposes of the Secondary Prizes, the Jersey Prizes will be available to be won on the following dates: (i) November 2024: 18^th, 25^th; (ii) December 2024: 2^nd, 9^th, 16^th, 23^rd, 30^th; (iii) January 2025: 6^th, 13^th, 20^th, 27^th; and (iv) February 2025: 3^rd, 10^th, 17^th, 24^th. For all other Days during the Program Period, the applicable Secondary Prize will be a Pizza Prize.

Dr. Oetker or its designated representative will make a maximum of two (2) attempts to contact each eligible Secondary Prize winner within five (5) business days of the selection. If an eligible Secondary Prize winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of Dr. Oetker, be disqualified (and, if disqualified, will forfeit all rights to a Secondary Prize) and Dr. Oetker reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible participant in accordance with these Terms (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

NO ONE IS A WINNER UNLESS AND UNTIL THE Dr. Oetker OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE TERMS. BEFORE BEING DECLARED AS A CONFIRMED SECONDARY PRIZE WINNER, each eligible Secondary Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of Dr. Oetker, be administered online, by email or other electronic means, by telephone, or in Dr. Oetker’s form of declaration and release); and (b) sign (and have your parent or legal guardian sign on your behalf if you are a Minor) and return within five (5) business days of notification Dr. Oetker’s declaration and release form, which (among other things): (i) confirms compliance with these Terms; (ii) acknowledges acceptance of the Secondary Prize (as awarded); (iii) releases Dr. Oetker and all of the other Released Parties from any and all liability in connection with this Program, their participation therein and/or the awarding and use/misuse of the Secondary Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, voice, statements about the Program and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Dr. Oetker in any manner or medium whatsoever, including print, broadcast or the internet. If an eligible Secondary Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Program documents within the specified time; (c) cannot accept (or is unwilling to accept) the Grand Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Terms (all as determined by Dr. Oetker in its sole and absolute discretion); then they may, in the sole and absolute discretion of Dr. Oetker, be disqualified (and, if disqualified, will forfeit all rights to a Secondary Prize) and Dr. Oetker reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible participant in accordance with these Terms (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

12. PRIVACY:

Dr. Oetker is collecting personal data for the purpose of administering this Program and, if a participant should so elect, to communicate with such participant about the Dr. Oetker’s products/services/offers. Consenting to receive such communications is optional and does not have to be agreed to in order to be eligible to enter this Program and does not improve your chances of winning any prize. Participants not wishing to receive any other informational or marketing communications from the Dr. Oetker should so indicate when they enter the Program. Please see the Privacy Policies for Dr. Oetker at https://www.oetker.ca/ca-en/footer/privacy for information on the policy towards maintaining the privacy and security of user information.

13. GENERAL CONDITIONS:

This Program is subject to all applicable federal, provincial/territorial and municipal laws. The decisions of Dr. Oetker with respect to all aspects of this Program are final and binding on all participants without right of appeal. 

ANY INDIVIDUAL OR ENTITY DEEMED BY Dr. Oetker TO BE IN VIOLATION OF Dr. Oetker’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF Dr. Oetker AT ANY TIME. 

Dr. Oetker and the other Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Program; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information or data to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating in the Program; (v) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vi) any combination of the above.

Dr. Oetker reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Program (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Dr. Oetker that interferes with the proper conduct of this Program as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program in any way (as determined by Dr. Oetker in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Dr. Oetker reserves the right to seek remedies and damages to the fullest extent permitted by law. Dr. Oetker reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Program, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. 

Dr. Oetker reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by Dr. Oetker, for purposes of verifying compliance by any participant and/or information or data with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Dr. Oetker, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms, or for any other reason.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, the French version of these Terms, on-pack, point of sale, television, print, online or other advertising and/or any instructions or interpretations of these Terms given by any representative of Dr. Oetker, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.

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 the terms as if the invalid or illegal provision were not contained herein. 

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Dr. Oetker or any of the other the Released Parties in connection with the Program will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law Terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Program.