the million smiles giveaway official rules

Menchie's "The Million Smiles Giveaway"

OFFICIAL RULES
The following promotion is intended for participants in Canada only (excluding Quebec) and shall be construed and evaluated according to the laws of Canada. Do not participate in this promotion if you are not a legal resident of Canada who is thirteen (13) years of age or older at the time of entry. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.

PROMOTION DESCRIPTION: Menchie's is hosting "The Million Smiles Giveaway" ("Sweepstakes") in which One (1) First Place Winner will receive a First Place Prize Package consisting of free frozen yogurt for a year (free frozen yogurt for a year will be a gift card in the amount of $1000), custom Menchie's skateboard and a Menchie's merchandise gift bag all valued at One Thousand One-hundred and thirty Dollars ($1130) in retail value. Three (3) Second Place Winners will each receive a custom Menchie's skateboard and a $50 Menchie's gift card all valued at One-Hundred Fifty Dollars ($150) retail value. Twenty five (25) Third Place Winners will each receive a Menchie's merchandise gift bag and a $10 Menchie's gift card all valued at Forty Dollars ($40) retail value. All winners will be selected in a random drawing under the supervision of Menchie's Global Headquarters ©. The Million Smiles Giveaway begins on January 4, 2013 at 7:00:00 a.m. Pacific Standard Time ("PST") and ends on February 28, 2013 at 11:59:59 p.m. PST ("Promotional Period"). Odds of winning any prize depend on the number of eligible entries received prior to the drawings.

Entry in this Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each participant (and his or her parent or legal guardian if the Participant is an eligible minor), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Menchie's Global Headquarters, 16027 Ventura Blvd., Suite 301, Los Angeles, CA 91436 (the "Sponsor") which shall be final and binding with respect to all aspects of the Sweepstakes.

ELIGIBILITY: The following promotion is intended for participants in Canada only (excluding Quebec) and shall be construed and evaluated according to the laws of Canada. Do not proceed in this promotion if you are not a legal resident of Canada who is thirteen (13) years of age or older at the time of entry. Internet and email access are required to enter. VOID WHERE PROHIBITED BY LAW OR REGULATION. Eligible minors must obtain the written approval of their parent or legal guardian to enter and/or to receive a prize. Employees, officers, and directors of Sponsor, promotion prize suppliers, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotion agencies, and any and all other companies associated with the promotion agents (collectively, the "Promotion Entities"), and each of their immediate family members and/or people living in the same household are not eligible to participate. "Immediate family" is defined as parents, siblings, children or spouse. All eligibility is subject to all federal, province, and local laws and regulations. All entries submitted are the property of the Sponsor. Participants with disabilities that prevent them from participating in the Sweepstakes may contact info@menchies.com for assistance.

HOW TO ENTER:

• Online: Using an internet-enabled computer, "smart-phone" or similar device, during the Promotional Period, visit https://registrationinfo.net/menchies/register and register for a Menchie's mySmileage account. Upon successful registration, you will be given one (1) automatic entry into "The Million Smiles Giveaway" sweepstakes.
• In-store: After registering your mySmileage account online at https://registrationinfo.net/menchies/register, you will be eligible for additional entries every time you use your mySmileage account in store. Each transaction during the Promotional Period is one additional entry. MySmileage account transactions during the Promotional Period are only valid once your account has been registered.

Alternative Entry Method: To enter by mail, on a 3 inch by 5 inch index card handwrite your first and last name, complete mailing address, phone number, email address, and date of birth and mail it in a stamped standard #10 envelope with sufficient postage to Menchie's "The Million Smiles Giveaway" Sweepstakes 151 Spinnaker Way, Suite 7, Concord Ontario L4K. Mail-in entries must be postmarked no sooner than January 4, 2013 and no later than February 28, 2013. Valid entries must be received within seven days of their postmark date to be entered into the drawing (see, WINNER SELECTION DATES AND NOTIFICATION). Limit one entry per envelope. Entries that are sent in envelopes that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage. Illegible or incomplete submissions will not be accepted.

Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Sponsor's computer will be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, illegible, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of a participant, the authorized account holder of the email address used to enter will be deemed to be the participant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

PRIZE/ODDS: Sweepstakes First Place Prize consists of: (a) Frozen Yogurt for a year (free frozen yogurt for a year will be a gift card in the amount of $1000), (b) custom Menchie's skateboard (ARV $100), (c) Menchie's merchandise gift bag (ARV $30). Total ARV of Grand Prize is One Thousand One-hundred Thirty Dollars ($1130).

Three (3) winners will each win: (a) custom Menchie's skateboard (ARV $100); (b) $50 Menchie's gift card (ARV $50). Total ARV of Second Place Prize is One-hundred Fifty Dollars ($150).

Twenty five (25) winners will each win: (a) Menchie's merchandise gift bag (ARV $30); (b) $10 Menchie's gift card (ARV $10). Total ARV of Third Place Prizes is Forty Dollars ($40)

Total ARV of all Prizes ($2580).

Additional Prize Terms: Sponsor is not responsible for lost, destroyed, or mutilated Menchie's mySmileage Loyalty Cards, and any such cards may not be replaced, except at Sponsor's sole discretion.

Winner is responsible for any and all local, provincial and/or federal taxes, as well as any other costs and expenses incurred in claiming or using the prize not specified herein as being awarded. Prize will be awarded only if the potential prize winner fully complies with these Official Rules. Prize is non-assignable and non-transferable.

WINNER SELECTION DATES AND NOTIFICATION: All Prize Winners will be selected in a random drawing under the supervision of the Sponsor according to the following schedule:

The Sponsor will publicly announce each Prize Winner on or after the Approximate Winner Selection Date.

Conduct of the Sweepstakes and the drawings are under the supervision of the Sponsor. Each potential Prize Winner will be notified in person and/or by phone and/or by email or mail or express mail or online posting, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry. In order to win, the selected entrants must first correctly answer, unaided, an arithmetical, time-limited, skill testing question. Winners (or in the case of minors, their parent/legal guardian) will also be required to sign a declaration and release form confirming compliance with these Official rules, acceptance of the Prize as awarded and releasing the Released Parties (defined below) from any liability relating to their Prize.

Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential Prize Winner does not respond within forty-eight (48) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable such Prize Winner will forfeit his or her prize and an alternate winner may be randomly selected from the remaining eligible entries.

If any potential Prize Winner is found to be ineligible, fails to comply with these Official Rules or declines the prize for any reason prior to award, the potential Prize Winner will be disqualified and an alternate Prize Winner may be selected.

GENERAL PRIZE RESTRICTIONS/CONDITIONS:
All details and other restrictions of the Prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the eligible Prize Winner upon award of the Prize. No interest will be paid on the Prize. No cash alternative or substitution of the Prize will be provided (other than as may be expressly provided in the Prize descriptions above), except Sponsor, in its sole discretion, reserves the right to substitute a Prize of equal or greater value if the Prize (or portion thereof) cannot be awarded as described due to unavailability for any reason. All winners of gift card prizes must specify the Menchie's store they prefer to redeem at, pick up their card at that store, and all redemptions must be at that store. The non-gift card prizes will be delivered only to an address within Canada (excluding Quebec) as completed on the entry form on the Sweepstakes Page and/or on the claim information form completed by the Prize Winner. Expenses not stated for the Prize are the sole responsibility of the Prize Winner. If a potential Prize Winner cannot accept the Prize as stated, the Prize will be forfeited in its entirety and awarded to an alternate Prize Winner. If the Prize Winner is an eligible minor, the Prize may be awarded in the name of, or to, the Prize Winner's parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the Prize Winner, or the Prize may be forfeited in its entirety.

PUBLICITY RELEASE AND ACCESS: Entry constitutes permission (except where prohibited by law) to use participant's name, city, province, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. 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 Sweepstakes, 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 Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event the Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.

The invalidity or unenforceability of any provision of these 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 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.

LIMITATION OF LIABILITY: By entering or participating in the Sweepstakes, each participant (and in the case of minors, their parent/legal guardian) agrees for him/herself and his/her heirs, agent, representative, executors, and administrators to (A) release and hold harmless Promotion Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, claim, cause of action, allegation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from the participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, condition, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions will result in disqualification from the Sweepstakes at Sponsor's sole discretion. Additionally, Sponsor and the Promotion Entities are not responsible for, and participant hereby releases Sponsor and the Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) errors relating to the validity of any entry codes on the receipts from participating Menchie's restaurants, or the customer's failure to receive a receipt from a participating Menchie's restaurants; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (vi) lost, undelivered, or mis-delivered mail; and (vii) any injury or damage to persons or property, including but not limited to participant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Sweepstakes.

Sponsor and Promotion Entities make no warranties, and hereby disclaim any and all warranties and conditions, express or implied, concerning the Prizes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including but not limited to point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.

DISPUTES: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize, awarded shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Canadian Arbitration Association and held at the CAA regional office nearest Concord, Ontario; (2) the Ontario Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration; (3) judgment upon such arbitration award may be entered in any court having jurisdiction; and (4) unless otherwise prohibited, under no circumstances will Participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.

PRIVACY POLICY: The information you provide will only be used in accordance with Menchie's Global Headquarters Inc privacy policy. Subject to your ability to opt out, by entering, the information you provided may be sent to promotional partners identified in this promotion and you may be contacted by the Sponsor and/or any promotional partners with future promotional offers. Information provided by you to participate in this Sweepstakes is subject to the Sponsor's privacy policies located at https://secure.murgent.com/emopt/termsOfService.php?id=7419&p=1

PRIZE WINNERS LIST/OFFICIAL RULES: To obtain the name of the Prize Winners (available after April 30,, 2013), send a self-addressed stamped envelope to: Menchie's "The Million Smiles Giveaway" Sweepstakes" 151 Spinnaker Way, Suite 7, Concord Ontario L4K 4C3. All such requests must be received by May 31, 2013.