#KRINOSFETAFACEOFF CONTEST

OFFICIAL RULES AND REGULATIONS

THIS CONTEST IS GOVERNED BY CANADIAN LAW

NO PURCHASE NECESSARY TO ENTER

The #KrinosFetaFaceOff Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram. Krinos Foods Canada Ltd. is the sponsor of this Contest (“Sponsor”). Any personal information you provide will be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below).  Instagram is hereby 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 Instagram. You may only use your one (1) personal Instagram account (a “Social Account”) to participate in this Contest.  IMPORTANT NOTE: Your Instagram Account (“Instagram Account”) must be set to public and not private (as more fully detailed below). Standard data rates apply to participants who participate in the Contest via a wireless mobile device (including, without limitation, eligible entrants who submit an Entry via a wireless mobile device). Please call your service provider for pricing and service plan information and rates before mobile device participation.

1. CONTEST PERIOD:

The Contest begins on August 1, 2019 at 12:00:01 p.m. Eastern Time (“ET”) and ends on August 22, 2019 at 11:59:59 p.m. ET (the “Contest Period”).

The Sponsor’s computer is the official time keeping device for the Contest.

2. ELIGIBILITY:

The Contest is only open to residents of Canada  who: (i) have reached the legal age of majority in their province or territory of residence at the time of entry, (ii) have received communication directly from Unite Creative Inc. Agency (the “Agency”) inviting them to participate in the Contest, and (iii) have entered into an agreement with the Agency, acting for the benefit of the Sponsor, to participate in this Contest (the “Agreement”). Despite the foregoing, employees, representatives and agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, Agency, The Marco Corporation (the “Administrator”), or any of their respective parent companies, subsidiaries, members, shareholders, directors, officers, affiliates, prize suppliers, advertising/promotion agencies, or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”) are not eligible to enter the Contest.

3. HOW TO ENTER:

NO PURCHASE NECESSARY.  MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

Instagram Entry

As a pre-condition to enter the Contest, eligible entrants must have a valid Instagram Account. If an eligible entrant does not have a valid Instagram Account, they must visit www.instagram.com, download the Instagram app appropriate for their device and register in accordance with the enrolment instructions for a free Instagram Account.

To enter the Contest, an eligible entrant must login into to his/her Instagram Account and: (i) post a unique and original photo (a “Photo”) or video (a “Video”) during the Contest Period depicting a unique and original recipe that they have created using Krinos Multi-pack feta cheese as an ingredient; (ii) include the hashtags #KrinosCanadaContest, #KrinosFetaFaceOff, and #Ad or #Sponsored (each a “Hashtag,” collectively “Hashtags”) in the Photo or Video caption; and (iii) include a call to action for viewers to follow the Sponsor’s Instagram handle @krinoscanada, share when or how they enjoy their Krinos Multi-packs by tagging @krinoscanada, and to visit Krinos Canada Kitchen at https://krinos.ca/news/introducing-krinos-canada-kitchen/ for inspiring recipes in the Photo or Video caption (collectively, an “Instagram Post”). When all required steps of the Instagram Post process are complete, the Instagram Post will be deemed an entry into the Contest (each, an “Entry” and collectively, “Entries”). In order to be eligible,  all content and materials associated with an Entry must: (a) be submitted and received in accordance with these Rules during the Contest Period; (b) include all required components and materials noted above; and (c) comply with all applicable Instagram terms and policies available at www.instagram.com (and each eligible entrant is solely responsible for ensuring this is the case) (all as determined by the Sponsor in its sole and absolute discretion).

Limits of Entry

       Each entrant may only promote an Instagram Post through his/her Instagram Account or personal blog. Entrants are not permitted to promote an Instagram Post through any other platform. There is a limit of one (1) Entry per person and Instagram Account during the Contest Period. In order to be eligible, each eligible entrant’s Instagram Post must comply with the entry Requirements listed below in Rule 4 (including, without limitation, all requirements specified in the Agreement). Once an eligible entrant has submitted an Entry, the Instagram Post may be reviewed for compliance with these Rules (as determined by the Sponsor in its sole and absolute discretion) and any Instagram Post that is deemed to contravene these Rules (as determined by the Sponsor in its sole and absolute discretion) will be disqualified (along with the Entry associated therewith).

For the avoidance of doubt, the maximum number of Entries that an eligible entrant can earn during the Contest Period is one (1). Under no circumstances will an eligible entrant be permitted to submit more than one (1) Entry during the Contest Period. For greater certainty and the avoidance of any doubt, eligible entrants can only use one (1) Instagram Account to participate in the Contest.  If it is discovered by the Sponsor, Agency  or Administrator (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, Instagram Accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  The Contest Parties, Instagram, Inc., and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Instagram Posts and/or Entries (all of which are void).   Any Entry that does not follow the above format and requirements as provided in these Rules (as determined by Sponsor in its sole and absolute discretion) will not be eligible for entry in this Contest.  For any Entry to be valid, Account settings must not be protected/private such that the Sponsor is unable to detect that Entry.  Instagram Account privacy settings may be adjusted by selecting the Settings menu for the applicable Account(s). By entering the Contest, each eligible entrant agrees to be legally bound by the terms and conditions of these Rules.

All Entries, Instagram Posts 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, eligibility or compliance with these Rules (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, Instagram Post, and/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 by itself or through the Administrator, this Contest in accordance with the Sponsor’s interpretation of 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 in the sole and absolute discretion of the Sponsor.

4. ENTRY REQUIREMENTS:

BY SUBMITTING AN Entry, each entrant AGREEs THAT SUCH Entry (and each individual component thereof) COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THESE RULES AND ALL APPLICABLE Instagram TERMS OF SERVICE AND RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZES (INCLUDING ANY USE OR MISUSE OF THE PRIZES).  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH ENTRANT IN THE EVENT IT IS DISCOVERED THAT ANY ENTRANT HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE INSTAGRAM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE PRIZE.

Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, each Entry must be unique and original (i.e. an entrant cannot copy someone else’s Entry in whole or in part, re-post someone else’s Instagram Post; or submit the same Instagram Post more than once). By participating in the Contest, each eligible entrant hereby warrants and represents that any Entry he/she submits:

i. is original to him/her and that the entrant has obtained all necessary rights for the purposes: (a) of submitting his/her Entry for the purposes of this Contest; and (b) granting the license described in Rule 5;

ii. does not violate any law, statute, ordinance or regulation;

iii. does 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 age of majority in their jurisdiction of residence;

iv. 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;

v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, 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 (including, without limitation, any competitors of Sponsor); 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; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion;

vi. is in compliance with all requirements specified within the Agreement (including, without limitation, the services in Exhibit A and the posting guidelines in Exhibit B of the Agreement); and

vii. is in accordance with the Krinos Multi-pack product information provided in the creative brief, attached to the Agreement as Exhibit D.

5. LICENSE:

By entering the Contest and submitting an Entry, each eligible entrant: (i) without limiting the Instagram Terms of Service (as applicable), grants to the Sponsor and Agency, in perpetuity, a non-exclusive, world-wide, irrevocable, royalty-free, transferable and sub-licensable, unrestricted license to copy, transmit, distribute, translate, publish, display, reproduce, modify, edit, adapt, make available, combine with other visual elements and otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason (including, but not limited to, creating a collage that includes multiple Photos or Videos that may be posted on Instagram) in any manner or format whatsoever, including print, broadcast or internet; (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (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.  For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any Entry and/or the associated entrant if a complaint is received with respect to the Entry (or the Instagram Post or Photo or Video associated therewith), if the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules, or for any other reason.

6. THE PRIZE:

There is one (1) prize (the “Prize”) available to be won consisting of ten (10) Krinos product prize packs, with an approximate retail value (“ARV”) of one thousand dollars ($1,000 CDN). The winning entrant will not receive the Prize for personal use, but shall conduct a separate contest to begin within five (5) days of being confirmed as the winner, for his/her Canadian followers, to select and confirm ten (10) winners, each of whom will receive one (1) of the ten (10)  Krinos product prize packs awarded as part of the Prize. The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. None of the Released Parties make any representation or offer any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. By accepting the Prize, the confirmed winner agrees to develop official contest rules and conduct his/her separate contest in accordance with all applicable laws, regulations and guidelines (including, without limitation, Canadian contest laws and the Ad Standards Influencer Marketing Disclosure Guidelines). For greater certainty and the avoidance of any doubt, by accepting a Prize, the confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part, and in connection with the conduct of his/her own contest.

7. WINNER SELECTION PROCESS:

The potential winner will be selected on August 27, 2019 at 3:00 p.m. ET (“Winner Selection Date”). After the end of the Contest Period, eligible entrants will be asked to send a screenshot to the Agency showing the engagement rate of their Instagram Krinos feta recipe post. The Engagement Rate of each Entry will be calculated as follows: (likes + comments + saves + views (if applicable)/total reach x 100) (“Engagement Rate”). The eligible entrant with the highest Engagement Rate will be deemed the potential winner of the Prize.

Odds of being selected as the potential winner of the Prize depend on the number of eligible Entries submitted and the Engagement Rate of each Entry during the Contest Period, in accordance with these Rules, as determined by the Sponsor and the Agency, in their sole and absolute discretion.  In the event of a tie between two or more eligible Entries based on Engagement Rate, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest number of likes (followed in the event of a further tie by highest number of comments, then by highest number of saves, as applicable) will be selected as the potential winner of the Prize.  In the event of an exact tie based on the number of likes, comments and saves, a random draw of those Entries that are tied will be held to determine the potential winner.

8. SELECTED WINNER NOTIFICATION AND CONFIRMATION:

The Sponsor or its designated representative will make a minimum of three (3) attempts to notify the potential Prize winner by telephone, email or Instagram  within approximately three (3) business days of the Winner Selection Date.  Each entrant is solely responsible for ensuring his/her Instagram Account settings are set to receive any such notification message.  If the potential Prize winner cannot be contacted within three (3) business days of the applicable Winner Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the eligible entrant with the next highest Engagement Rate from among the remaining eligible Entries submitted and received during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, the potential Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within three (3) business days of notification the declaration and release form provided by the Administrator (the “Declaration and Release Form”), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges and agrees that they, the winning entrant, shall hold a separate contest and will select ten (10) winners, each of whom will receive one (1) Krinos product prize pack awarded as part of the Prize; (iii) represents and warrants that the winning entrant shall conduct the separate contest in accordance with all applicable laws, regulations and guidelines (including, without limitation, Canadian contest laws and the Ad Standards Influencer Marketing Disclosure Guidelines); (iv) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof (including, without limitation, the conduct of his/her separate contest); and (iv) irrevocably agrees to the publication, reproduction, broadcasting, copying and/or other use of his/her name, city and province of residence, voice, statements about the Contest, approved biographical information and/or photograph or other likeness (as may be retouched or edited), or to refrain from so doing, in whole or in part, without further notice or compensation, in perpetuity, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or media whatsoever, including without limitation for any and all advertising, promotion and/or other purposes of trade. If a potential Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents, including for greater clarity, the Declaration and Release Form, within the specified time; (c) cannot accept (or is unwilling to accept) the Prize and agree to hold a separate contest as described above,, for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the eligible entrant with the next highest Score Engagement Rate from among the remaining eligible Entries submitted and received during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

9. GENERAL CONDITIONS:

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 Entries and/or entrants.  By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION 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 Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (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 Entry, and/or or other information 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 entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) 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 Instagram Account used to submit the Entry in question.  “Authorized Account Holder” is defined as the person who is assigned to an Instagram Account by Instagram.  An entrant may be required to provide proof (in a form acceptable to the Sponsor) that he/she is the Authorized Account Holder of the Instagram Account associated with the Entry in question.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to cancel, withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, 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 Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be 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, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, 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. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives (including without limitation the Administrator), storing, sharing and using the personal information associated with his/her Entry for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://krinos.ca/privacy-policy/ ). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entryand/or other information 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.

For Quebec residents:  Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

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

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 Released Parties 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 the 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.

Mini Rules:

No purchase necessary. Contest runs Aug 1/2019 at 12:00:01 p.m. ET to Aug 22/2019 at 11:59:59 p.m. ET. Open to age of majority residents of Canada who have been invited to enter the contest by the Sponsor’s agency and signed an influencer agreement. Enter by publishing an eligible photo or video post on Instagram. 1 prize consisting of 10 Krinos product prize packs, with an ARV of $1,000. Mathematical skill-testing question required.  Odds of winning depend on the number and engagement rate of eligible entries received during contest period. Full rules, including entry and prize details at https://krinos.ca/rules-regulations/