OFFICIAL CONTEST RULES No purchase necessary to ... - Tim Hortons

May 17, 2017 Official Rules – Version 1 ®

TIM HORTONS CAMP DAY CONTEST

OFFICIAL CONTEST RULES No purchase necessary to enter or win. Making a purchase will not increase your chances of winning. Void where prohibited. This contest is open to Canadian residents only. The Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. You understand that you are providing your information to the Sponsor (defined below) and not to Twitter or Instagram. Any personal information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Twitter and Instagram are each completely released from all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Twitter or Instagram. 1. CONTEST PERIOD: Tim Hortons Camp Day Contest (the “Contest”) begins on May 26, 2017 at 12:00:01 AM Eastern Daylight Time (“EDT”) and ends on May 31, 2017 at 11:59:59 PM EDT (the “Contest Period”). The Contest Period consists of five (5) contiguous entry periods (each, an “Entry Period”), as outlined in the following table: Entry Periods

Begins (12:00:01 AM EDT)

Ends (11:59:59 PM EDT)

Period one

May 26, 2017

May 26, 2017

Period two

May 27, 2017

May 28, 2017

Period three

May 29, 2017

May 29, 2017

Period four

May 30, 2017

May 30, 2017

Period five

May 31, 2017

May 31, 2017

2. ELIGIBILITY: Contest is open to legal residents of Canada, excluding residents of the province of Quebec, who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (including any person living in the same household of such person whether related or not) of Tim Hortons Advertising and Promotion Fund (Canada) Inc. and its parents company (collectively the “Sponsor”), their respective affiliated and related companies, Tim Hortons franchisees/licensees, and/or agencies providing services related to the Contest (collectively, the “Contest Parties”). 3. HOW TO ENTER:

NO PURCHASE NECESSARY. There are two (2) ways to enter the Contest, respectively as follows: a. Twitter: To enter via Twitter, entrants must have a valid personal Twitter account (each, a “Twitter Account”). If an entrant does not have a Twitter Account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Twitter Account. Eligible entrants must login to their Twitter Account and become a “follower” (the “Twitter Follower(s)”) of the official @TimHortons or @ChezTimHortons channel on Twitter during the Contest Period (Note: Entrants can un- follow any time after the Contest has closed). To become a Twitter Follower, an eligible entrant can: (i) from the entrant’s Twitter home page, click on the "Find People" tab and perform a search for "@TimHortons” or “@ChezTimHortons”; and (ii) click on the "Follow" button corresponding to the official @TimHortons or @ChezTimHortons channel. Eligible entrants should ensure that their account settings are not set to “protected”. Then, during the Contest Period, you can enter the Contest by posting a tweet (each, a “Twitter Entry”) that: (i) includes #CampDay and #Contest, or #JourDesCamps and #Concours (the “Hashtags”); (ii) includes a cup selfie photograph (a “Photo”) with a Tim Hortons Camp Day cup (the “Theme”) (please note that you can obtain a Tim Hortons Camp Day cup for free by requesting one by mail – address 226 Wyecroft Road Oakville L6K 2X7 or in a restaurant); (iii) mentions @TimHortons or @ChezTimHortons (a “Mention”) in the caption of the tweet; i.

(iv) complies with these Official Contest Rules (the “Rules”) (including without limitation the Submission Requirements provided below), the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and (v) conforms to Twitter’s (140) character limitation, including the Hashtags and Mention.

ii.

NOTE: Only the entrant who posted the Twitter Entry using his/her Twitter Account will be eligible for entry into the Contest.

OR b. Instagram: To enter via Instagram, entrants must have a valid personal Instagram account (each, an “Instagram Account”). If an entrant does not have an Instagram Account, visit www.instagram.com and register in accordance with the enrolment instructions for a free Instagram Account. Eligible entrants must become a “follower” (the “Instagram Follower(s)” and together with the Twitter Followers, the “Follower(s)”) of the official @TimHortons channel on Instagram (Note: you can un-follow at any time after the Contest has closed). To become an Instagram Follower, an eligible entrant can: (i) visit www.instagram.com/TimHortons; (ii) log in to his/her Instagram Account; (iii) click on the "Follow" tab corresponding to the official @TimHortons account. Eligible entrants should ensure that his/her account setting is not set to “Private”. Then, during the Contest Period, you can enter the Contest by completing an Instagram post (an “Instagram Entry”) that: (i) includes the Hashtags; (ii) includes a Photo that depicts the Theme (please note that you can obtain a Tim Hortons Camp Day cup for free by requesting one by mail – address

226 Wyecroft Road Oakville L6K 2X7 or in a restaurant); (iii) mentions @TimHortons (also, a “Mention”); and (iv) complies with these Rules (including without limitation the Submission Requirements provided below), the Instagram Terms of Service and Instagram Rules available at www.instagram.com. NOTE: Only the entrant, who posted the Instagram Entry using his/her Instagram Account is eligible for entry in the Contest. Collectively, Instagram Accounts and Twitter Account will be referred to as “Accounts”. Collectively, Instagram Entries and Twitter Entries will be referred to as “Entries”. An Entry that does not follow the applicable above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest. Standard text messaging and/or data rates apply to entrants who submit an Entry via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation. A Follower will receive one (1) Entry (defined above) when he/she submits a Tweet or Instagram post in accordance with these Official Rules. Individuals can enter more than once over the course of each entry provided that each entry is unique. Use (or attempted use) of multiple names, identities, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Your Entry must remain active on your Twitter Account or Instagram Account (as applicable) throughout the Contest Period in order to be eligible for entry in this Contest. Sponsor may not be able to view Entries or otherwise receive Entries or detect participation from Twitter or Instagram users whose accounts are set to “private”/“protected” (i.e., where user has set his or her account so that only people the user has approved can view their posts) due to the way Twitter and Instagram operates their respective platforms. All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification (as determined by the Sponsor in its sole and absolute discretion). The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s). Entries will not be returned or acknowledged. Entries received from a Twitter Account or Instagram Account that is owned or operated by an organization, company, corporation, partnership or other entity (as determined by the Sponsor in its sole and absolute discretion) will be void.

4. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION THE PHOTO) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND TO THE TWITTER/INSTAGRAM (AS APPLICABLE) TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF AN ENTRY YOU SUBMIT. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY THE ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES. Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, each Photo submitted must be unique and original (i.e. an entrant cannot submit the same photograph more than once and/or copy someone else’s photograph in whole or in part or take a photograph from the worldwide web) and any written text must be in English or French only. By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor and further warrants and represents that the Entry that he/she submits: i.

is original to him/her and that the entrant has all necessary rights in and to the Entry (including without limitation his/her Photo) to enter the Contest;

ii.

is a cup selfie (i.e. a self-photograph) and does not include any other individual;

iii.

does not violate any law;

iv.

does not contain any reference to any competitors of the Sponsor;

v.

does not contain any identifiable third party trademarks, logos or trade dress, unless consent has been obtained from the applicable owner(s);

vi.

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 whatsoever; and

vii.

is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, 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, religious or other 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; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

By entering the Contest and submitting an Entry, each entrant: (i) without limiting the Twitter/Instagram (as applicable) Terms of Service grants to the Sponsor, worldwide and in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, in any media and for any purpose (including without limitation for the purpose of advertising or promoting the Contest); (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor; 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 cause of action that relates in any way to the Entry or his/her participation in the Contest. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Entry if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated entrant. Entries will NOT be judged. 5. ELECTRONIC COMMUNICATIONS: By submitting an Entry to the Contest as described above, the entrant (the person who submitted the Entry) agrees to communicate with Sponsor electronically and agrees that his/her act of submitting the Entry in connection with this Contest consists of his/her agreement to be legally bound by these Rules. 6. THE PRIZES AND VALUES: A total of five (5) prizes (each, a “Prize”) are available to be won at the start of the Contest Period. There will be one (1) Prize allocated to each Entry Period. The number of Prizes available to be won will decrease throughout the Contest as they are claimed in accordance with these Rules. Each Prize consists of a $500 donation to the Tim Horton Children’s Foundation in the winner’s name. In addition to the aforementioned donation, each winner will receive a personalized letter from a camper as well as a tree to be planted on their behalf at a Tim Horton Children’s Foundation camp (these elements of the prizing have no retail value) . Each Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Twitter Account or Instagram Account associated (as applicable) that was used to post the applicable selected Entry. Please note that tax receipts (including any type of charitable contribution tax receipt) will not be issued to the winners. 7. WINNER SELECTION: One (1) random draw will be held in Oakville, ON on each of the following dates (each, a “Draw Date”): Entry Periods

Draw Date (4:00 PM EDT)

Period one

May 29, 2017

Period two

May 29, 2017

Period three

May 30, 2017

Period four

May 31, 2017

Period five

June 1, 2017

In the course of each such random draw, the Sponsor will select one (1) potential Prize winner from among all eligible Entries received during the duration of the contest to that point. Odds of winning a Prize will depend on the number of eligible Entries received over the duration of the contest to that point. An entrant cannot win a prize more the once. CONTACTING OF SELECTED ENTRANTS: If a selected entrant has submitted his/her Entry via his/her Twitter Account, the Sponsor or its designated representative will send an @mention notification out to the selected entrant promptly following the applicable draw. If a selected entrant has submitted his/her Entry via his/her Instagram Account, the Sponsor will reply to the Instagram Entry of the selected entrant promptly following the applicable draw. Each selected entrant must respond within the 72 hours after the notification message has been posted by following the instructions included in the notification message. If any selected entrant fails to do so, then he/she will be disqualified (and will forfeit all rights to a Prize), even if the Potential Winner’s name or Twitter/Instagram handle may have been publicly mentioned as a Potential Winner. Forfeited prizes will not be awarded. BEFORE BEING DECLARED A CONFIRMED DONATION WINNER, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; (b) sign and return a declaration and release form provided by the Sponsor (within the timeline specified by the Sponsor), pursuant to which the selected entrant: (i)confirms compliance with these Rules; (ii) provides the Sponsor with his/her first and last name, complete mailing address including postal code, e-mail address, date of birth and telephone number; (iii) confirms that he/she has obtained the consent to use the @handle referred to in his/her Entry; (iv) acknowledges acceptance of the Prize as awarded; (v) assigns all intellectual property, including copyright, in and to his/her Entry (including his/her Photo) to the Sponsor and waives his/her moral rights therein in favour of the Sponsor; (vi) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry including, without limitation, any claim that his/her Entry infringes a proprietary interest of any third party; (vii) release the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or in connection with the Prize; and (viii) agrees to the publication, reproduction and/or other use of his/her name, address, photograph, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, worldwide, in perpetuity and in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; (ii) fails to provide the properly completed declaration and release as instructed; or (iii) refuses the Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to a Prize). 8. GENERAL CONDITIONS: By participating in this Contest, each entrant: (i) agrees to be bound by these Rules; (ii) agrees to release and hold harmless 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; and (iii) releases the Releasees from any and all liability in

connection with this Contest and his/her participation therein. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Releasees will not be liable for: (i) any failure of any website or social media platform during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above. In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Twitter Account or Instagram Account (as applicable) used to submit the Entry at issue (as determined in accordance with the official records of Twitter or Instagram). An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter Account or Instagram Account (as applicable) that was used to submit the Entry at issue and, if requested, that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants and/or Entries. The Sponsor 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 Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entries with these Rules, or as a result of any technical or other 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, or for any other reason. In no event will the Sponsor be liable for more than the five (5) stated number of Prizes available to be awarded.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry for the purpose of administering the Contest and in accordance with these Rules and the Sponsor’s privacy policy (available at: http://www.timhortons.com/ca/en/privacy.html), unless the entrant otherwise agrees. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: website and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control. 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 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 Rules or the rights and obligations of participants, Sponsor or any of the other the Releasees in connection with the Contest 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 rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest. Sponsor: Tim Hortons Advertising and Promotion Fund (Canada) Inc., 226 Wyecroft Rd, Oakville, ON, L6K 3X7 Administrator: North Strategic, 445 King St W Toronto, ON M5V 1K4 Tim Hortons is a registered trademark of Tim Hortons. © Tim Hortons, 2017.