No purchase necessary. Void where prohibited.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
This promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, or TikTok. Entrants are providing their personal information to Sponsor, and not to Facebook, Instagram, or TikTok.
1. Sponsor: Dairy Queen Canada Inc., 1111 International Blvd., Suite 601, Burlington, Ontario L7L 6W1.
2. Who is Eligible: Legal residents of Canada (excluding Quebec), who:
• are at least 18 years old as of the start of the Promotion Period; and
• have a valid account with Facebook, Instagram, or TikTok (the “Social Media Channels”). If you don’t have an account, you can get one for free at facebook.com, instagram.com, or tiktok.com
Employees (and their immediate families and those living in their households) of Sponsor and affiliated companies, franchisees, advertising and promotion agencies are not eligible. Void where prohibited.
3. Timing: The promotion begins at 12:00 a.m. Eastern Time (“ET”) on October 10, 2023 and ends at 11:59 p.m. ET on October 20, 2023 (“Promotion Period”). The servers of the Social Media Channels are the official time-keeping devices for this promotion. On approximately October 10, 2023, Sponsor will share a post about this Blizzard Toques promotion on each Social Media Channel (each a “Blizzard Toques Post”) for a total of three posts, and entrants earn an entry by commenting on a Blizzard Toques Post; entrants have until October 20, 2023 to comment.
4. Prizes: The prizes consist of 80 pairs of Blizzard® toques; each pair comes with a full-sized toque for you and a Blizzard Treat size insulated toque. Total approximate retail value of each pair of toques is $27 and total approximate retail value of all prizes available to be won is $2,160.
All taxes are the winner’s responsibility. All details, including but not limited to size and color will be determined by Sponsor. No substitution, cash redemption or transfer of prizes allowed except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. All gift cards are subject to the terms and conditions on the gift card. If potential winners cannot accept prize, the prize may be forfeited in its entirety and awarded to an alternate winner. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one alternate drawing will be held, after which the prize will remain un-awarded.
5. How to Enter: To participate, you will need to have an account with at least one of the Social Media Channels (a “Social Account”), or any combination. Creating a Social Account is free but subject to the applicable terms and conditions of each platform. For TikTok, your messaging status within account privacy must be set to allow for friends/followers to direct message you. If you are selected as a potential winner, you may be required to accept a follow request from @DQCanada. There is no requirement for your Social Account to be set to public. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
During the Promotion Period, entrants may participate through each Social Media Channel and may receive an entry via each Social Media Channel by locating Sponsor’s Blizzard Toques Posts and taking the following actions:
For Facebook:
a. Follow @DQCanada;
b. Comment on the Blizzard Toques Post with the hashtag #DQFallGiveaway and the name of your favourite fall Blizzard Treat; and
c. Do not change your handle between when you comment and until the prizes are awarded.
For Instagram:
a. Follow @DQCanada;
b. Comment on the Blizzard Toques Post with the hashtag #DQFallGiveaway and the name of your favourite fall Blizzard Treat; and
c. Do not change your handle between when you comment and until the prizes are awarded.
For TikTok:
a. Follow @DQCanada;
b. Comment on the Blizzard Toques Post with the name of your favourite fall Blizzard Treat; and
c. Do not change your handle between when you comment and until the prizes are awarded.
There is no need to include any other content in your Facebook, Instagram, or TikTok comment. However, if you choose to include additional content, it must meet these restrictions:
• It must be your original work;
• It must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• It must not disparage Sponsor or any other parties;
• You must have permission to include the names or likenesses of other individuals and to grant the rights set forth in the official rules. You should only include minors in your comment if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
• It must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, or any other intellectual property other than those of the Sponsor;
• It must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• It must not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• It may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
By posting a comment that conforms to all of the above requirements, you will receive one entry into this promotion. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful or in violation of these official rules. Multiple participants are not permitted to share the same Social Account.
6. Winner Selection: On or about October 23, 2023, a random drawing for potential winners will be conducted from among all eligible entries received during the Promotion Period. Each potential winner will be notified by Sponsor through the Social Medial Channel used to enter. For potential winners who entered through Facebook or Instagram, Sponsor will direct message each potential winner; potential winners should respond within one day in order to start the prize claim process. For potential winners who entered through TikTok, potential winners are required to accept a @DQCanada follow request within one day to allow for communication of the prize acceptance requirements. All potential winners will be directed by private message to provide their name, email address, mailing address, and age to confirm eligibility and for prize fulfillment purposes within two days and must correctly answer a mathematical skill testing question before being declared a winner. If a potential winner of any prize cannot be contacted, fails to respond or provide the requested information within the required time period, fails to correctly answer a mathematical skill testing question, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these official rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one alternate drawing will be held, after which the prize will remain un-awarded.
7. Publicity: By accepting a prize, winners agree, where lawful, that Sponsor and its affiliates may use winner’s name, likeness, biographical information, voice and statements attributed to winner (if truthful) for advertising and promotional purposes without additional consideration or approval.
Entries: Proof of sending the entry does not constitute proof that the entry was received. Sponsor is not responsible for lost, late, damaged, garbled, corrupted, misdirected, illegible, incomplete, or stolen entries. All entries become the property of the Sponsor and will not be acknowledged or returned. Any attempts by any entrant to enter more than the allowed number of times by using multiple or different email addresses, identities or other methods will void those entrant's entries. Automated entries (including but not limited to entries submitted using any bot, script, macro, or sweepstakes service), third party entries, copies, facsimiles and/or mechanical reproductions are not permitted and may be disqualified.
Normal time, toll, connection and usage rates, if any, charged by your internet service provider will apply. If there is a dispute about an entry, the authorized account holder is deemed the entrant. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information included in entrant’s Social Account profile and handle and any additional information provided by such entrant through the winner confirmation process.
8. Release: By accepting a prize, winners: (1) release and discharge Facebook, Instagram, TikTok, Sponsor and its parent company, affiliates, advertising and promotion agencies and all of their respective employees, officers, directors, franchisees, representatives and agents (the “released parties”) from all liability or damage due in whole or part to the acceptance, possession, use or misuse of a prize, or participation in this promotion; and (2) waive any “moral rights” in the entry.
The released parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, Sponsor, printing errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the promotion; (4) technical or human error which may occur in the administration of the promotion or the processing of entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the promotion or receipt or use of any prize or while traveling to or from any prize-related activity; or (6) liability in connection with the promotion. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the promotion during the Promotion Period.
9. Fraud/Technical Failure: Sponsor reserves the right to cancel or modify the promotion if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the promotion, as determined by Sponsor. In such event, Sponsor reserves the right to determine winners from among the eligible entries received up to the time of the impairment. Sponsor reserves the right to disqualify any individual tampering with the entry process or the operation of the promotion or to be acting in violation of these official rules or any other promotion, or in an unsportsmanlike, improper or disruptive manner. An attempt to deliberately damage any website or undermine the legitimate operation of a promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these official rules is not a waiver of that provision.
10. Agreement to Official Rules: By participating in this promotion, entrant agrees to these official rules and the decisions of the Sponsor (and its authorized third parties).
11. Disputes: Except where prohibited, entrant agrees that: (1) all disputes, claims, and causes of action arising out of or connected with this promotion or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the courts of Ontario; (2) all claims, judgments, and awards are limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but not attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with this promotion, will 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, and by participating, entrant agrees to personal
jurisdiction in Ontario.
12. Privacy: Information collected from entrants is subject to the Sponsor’s privacy policy at https://www.dairyqueen.com/en-ca/privacy-statement/.
13. Odds of Winning: Odds of winning will be determined by the number of eligible entries received.