Plant a Seed & See What Grows Foundation Song Writing Competition

(the “Contest”)

OFFICIAL CONTEST RULES AND REGULATIONS (THE “RULES”)

NO PURCHASE OR DONATIONS NECESSARY TO ENTER OR WIN THIS CONTEST.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. PRIZE WINNERS WILL BE REQUIRED TO SIGN AN AFFIDAVIT OF ELIGIBILITY AND ENTER INTO A RELEASE OF LIABILITY.

This contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.

BY ENTERING THE CONTEST, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES A LIMITATION OF YOUR LEGAL RIGHTS AND REMEDIES.

How To Enter:

This Contest is open to all persons residing in all of the states in the United States of America or the provinces and territories of Canada, who have reached the age of majority in their state, province, or territory of residence as of the first day of the Contest Period. The Plant a Seed & See What Grows Foundation (the “Sponsor”), the independent judging organization appointed by the Sponsor (the “Judge”) and each of their respective affiliates, franchisees, subsidiaries, advertising and promotional agencies are collectively referred to herein as the “Contest Entities”. Employees of the Contest Entities and each of their immediate family members and/or those persons living in the same household (whether legally related or not) are all ineligible to enter or win the Contest. The Contest is subject to all applicable federal, provincial, state and municipal laws.

In order to qualify as an entrant, the contestant must submit a short video of him/herself performing an original song themed after the name of the Plant A Seed and See What Grows Charity Foundation. (“Video”). The Video must comply with the following rules:

    • It must be of the contestant him/herself.
    • It must be an original work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity or if it is owned by third party, entrant has obtained all permissions required to submit the Video to the Contest.
    • It must not be or include content which is derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
    • It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any state where the Photographs were created.
    • It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
    • It must not reference any person, group, or organizations without their written permission.
    • It cannot contain any content, element, or material that violates a third party’s intellectual property rights, including but not limited copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
    • It must not be subject to any third party agreement(s) which may require Sponsor to pay any sum of money to any person or entity as a result of its use or exploitation of the Photographs or rights therein.

Contest entrants acknowledge and agree that they are providing information directly to the Sponsor and agree to release the Contest Entities from any and all liability arising in connection with the Contest including without limitation any injury, loss or liability of any kind with respect to or resulting from the development, participation in and execution of the Contest.

The Contest closes at 11:59:59 pm Eastern Time (“ET”) on January 15, 2016.

To enter, fill out an online entry form provided on the Plant a Seed & See What Grows website (www.seewhatgrows.com) between 12:00:00 am ET on December 18, 2015 and 11:59:59 pm ET on January 15, 2016 (the “Contest Period”) and your entry will be included to be reviewed by an independent judging organization appointed by the sponsor. Each contest entrant will be provided with a thank you gift from the Plant A Seed & See What Grows Foundation. NO PURCHASE OR DONATION TO THE FOUNDATION IS NECESSARY to enter or win any prize in the Contest. A maximum of one (1) unique entry per person may be submitted. Multiple entries is permitted given that each submission is a unique song/video entry.

All entries must be submitted and received by the Sponsor by no later than 11:59:59 pm ET on January 15, 2016.

Prize Details:

There is a total of 1 grand prize available to be won consisting of $1000 CDN. No transfers, or prize substitutes will be awarded or honoured.The odds of winning a prize depend on the total number of entries submitted during the contest period.

Any and all taxes assessed as a result of receiving any of the prizes awarded in the Contest will be the responsibility of the winner. Any other expenses not specifically mentioned in these Rules as being part of a prize are not included as part of a prize and are the sole responsibility of the winner.

The Draw:

An independent judging panel will review each entry based originality; overall artistic impression; audience appeal, audio and visual quality of video, entertainment quality as well as the restrictions specified in the official rules. One winner will be awarded, and the song will be played live at the inaugural Plant A Seed & See What Grows event on February 5 in Vancouver.

A representative of the Sponsor will notify the selected entrant by phone and/or email, such method to be determined in the Sponsor’s sole discretion, within approximately one (1) week of the draw dates specified above. If a selected entrant cannot be reached within one (1) day (or such other deadline as may be stipulated by the Sponsor in its sole discretion) or if any Contest-related communication is rejected, faulty or returned as undeliverable (as determined by the Sponsor in its sole discretion), that selected entrant may be disqualified and another entry may be randomly selected. This process will be repeated if the new entrant cannot be reached until the representative of the Sponsor is able to successfully contact a selected entrant. The Contest Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the selected entrant.

General Rules:

If any Contest entry is submitted or obtained through fraudulent means or is in any way tampered with, it will be disqualified; such decision to be made by the Sponsor in its sole discretion.

Entries submitted become the property of the Sponsor and none will be returned. No correspondence will be entered into except with the selected entrants. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, illegible, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void.

All decisions of the Sponsor and of the Judge are final.

The Sponsor reserves the right to substitute prizes or prize components as well as to cancel or modify the Contest or the prizes for any reason at any time without notice, all in the Sponsor’s sole discretion.

The Sponsor is not responsible for printing, distribution or production errors and may terminate, modify or withdraw this Contest if any related materials are found to contain such errors, without liability and without notice, at its sole discretion.

The Sponsor assumes no responsibility for lost, stolen, delayed, damaged or misdirected entries, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, computer equipment, software, e-mail delivery, or failure or delay of any e-mail, correspondence or entry to be received. The Sponsor reserves the right to cancel or suspend this Contest should a virus, bug, or other cause beyond its reasonable control corrupts the security or proper administration of the Contest. Entrants agree to abide by these Rules and the decisions of the Sponsor and the Judge, which are final.

Each Prize winner will be required to promptly sign and return to the Sponsor an affidavit of eligibility and enter into a release of liability in favour of the Contest Entities or the winner’s Prize will be forfeited.

Participants warrant that their videos are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted videos or that they have the appropriate right and license use to the videos from the owner of the video and that they have the right to submit the video in the Contest and grant all required licenses to Sponsor. Each entrant agrees not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. Participants also warrant that they have not submitted their entry on behalf of a team or any other entity.

As between each entrant and Sponsor, each entrant (or its licensee) shall retain ownership of all intellectual property rights in the entry (including moral rights) subject to these Rules. However, by entering the Contest, and to the extent allowed by law, entrant grants, but solely in relation to the promotion and/or advertising of the Sponsor’s business or the Contest and only, to Sponsor, its affiliates, licensees, promotional partners, developers and third party marketing entities, a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt the images to fit the format required for product web pages and marketing materials, and to publish and use the video themselves and the content of and elements embodied in the video, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration, or compensation. For this purpose, each entrant hereby waives any moral rights the entrant may have in the Photograph in favor of the Sponsor and confirms that it has obtained such waivers from the owner of the Photograph, if the entrant has obtained permission to use the Photograph from the owner.

To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from any Photographs or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

BY ENTERING THE CONTEST, EACH ENTRANT HEREBY EXPRESSLY RELEASES EACH OF THE CONTEST ENTITIES, FACEBOOK, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL DAMAGE, COST LOSS, EXPENSE AND LIABILITY SUFFERED OR INCURRED BY THE ENTRANT ARISING FROM THE ENTRANT’S PARTICIPATION IN THE CONTEST INCLUDING PERSONAL INJURY, ILLNESS, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE RELEASEES BE LIABLE TO A PRIZE WINNER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR PURE ECONOMIC LOSS, AND IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE RELEASEES TO ANY PRIZE WINNER EXCEED THE LESSER OF: (I) THE DIRECT DAMAGES SUFFERED OR INCURRED BY SUCH PERSON; OR (II) THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100.00 CDN), REGARDLESS OF THE CAUSE OF ACTION, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.

By entering this Contest, the winner further authorizes the Sponsor to use his or her name, voice, and comments, without compensation, in any publicity carried out by the Sponsor. By participating in the Contest, each entrant: (i) grants to the Sponsor the right to use the information contained in his/her Contest entry (“Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Contest winner; (ii) grants to the Sponsor the right to use his/her name as the entrant may disclose to the Sponsor for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation, unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her personal information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute, claim, or controversy arising out of or related to the Contest or these Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be referred to and finally resolved by arbitration.  Notwithstanding the preceding sentence, neither you nor Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Supreme Court of British Columbia, Vancouver Registry, will have exclusive jurisdiction over any suit not subject to arbitration.  You and Sponsor will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration.  Arbitration will be administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) (or its successor) pursuant to its Domestic Commercial Arbitration Shorter Rules of Procedure, and conducted by a single arbitrator in Vancouver, British Columbia, Canada, unless the arbitrator determines differently.  The appointing authority will be the BCICAC.  The language of the arbitration will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in Court.  The Contest and these Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the Province of British Columbia, Canada, including the federal laws of Canada applicable in that Province, without giving effect to that Province’s conflict of laws principles.  Whether the dispute is heard in arbitration or in Court, you and Sponsor will not commence against the other a class action, class arbitration or other representative action or proceeding.

Quebec residents may submit any litigation respecting the conduct and administration of this publicity Contest to the Régie des alcools, des courses et des jeux (the “Regie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach settlement.

If for any reason, in the opinion of the Sponsor, in its sole discretion, and subject to the jurisdiction in Quebec of the Régie, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control, then the Sponsor reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest, and/or select a winner from previously received eligible entries.