Official Contest Rules

The Battle of the Donuts Contest (the “Contest”) begins on June 5, 2026 at 12:00:01 a.m. Eastern Time (“ET”) and ends at the close of the Voting Period (defined under this Section 1, below) (the “Contest Period”). The Contest Period consists of 3 periods (each, a “Period”), as follows:  

Participation in this Contest, whether as an Entrant (defined below) or as a Voter (defined below), is open only to individuals who are residents of Canada and who have reached the age of majority in their province or territory of residence.  

Employees, representatives and agents (and those with whom such persons are living, whether related or not) of Tim Hortons Advertising and Promotion Fund (Canada) Inc. (the “Sponsor”), The TDL Group Corp., their respective parent, affiliated and related companies, and consulting, advertising and promotion agencies, and Tim Hortons® franchisees/licensees (collectively, the “Contest Parties”) are not eligible to enter or submit a Vote (defined below). Employees, representative or agents of Tim Hortons franchisees/licensees as described in this paragraph are limited to those employees, representatives or agents who are providing services in any way to Tim Hortons Restaurant(s). 

By participating in this Contest as an Entrant and/or a Voter, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”). All decisions of Sponsor in all matters related to this Contest are final and binding.  

To participate in the Contest as an entrant (an “Entrant”), visit http://timshop.timhortons.ca/collections/national-donut-day (the “Website”) during the Submission Period and follow the step-by-step on-screen prompts to complete a submission (each, a “Submission”) as follows:  

All Submission Forms must be completed and submitted in accordance with these Rules, including, without limitation, the Entrant Participation Conditions set out under Sections 9-11 and the Submission Requirements set out under Sections 13-15. Once you have fully completed the foregoing steps, follow the on-screen instructions to submit your completed Submission Form and complete your Submission.  

IMPORTANT NOTE REGARDING THE DONUT IDEA AND CONFIDENTIAL/PERSONAL INFORMATION: Do NOT enter personal or confidential information into the Donut Idea Question Box. The Sponsor does not guarantee any confidentiality with respect to the Donut Idea. It is solely your responsibility to ensure that the Donut Idea does not contain any personal or confidential information, and the Sponsor will not accept any responsibility for the same.  

IMPORTANT NOTE REGARDING THE ENTRANT’S GRANT OF RIGHTS: By submitting a Donut Idea, each Entrant grants the Sponsor an irrevocable, transferrable, sublicensable, exclusive, perpetual, royalty-free, worldwide license in and to the Donut Idea and all rights contained therein (including, without limitation, copyright, trademark rights, trade secrets) as set out under Section 16. Do NOT submit a Donut Idea unless you have read, understood and agree to the grant of rights set out under Sections 16-18. 

There is a limit of 1 Submission per Entrant. In the event that an Entrant submits 2 or more Submissions, the Sponsor reserves the right, in its sole and absolute discretion, to consider only the final Submission received as of the end of the Contest Period (as determined by the Sponsor in its sole and absolute discretion in accordance with its time-keeping device(s)), provided such Submission has been submitted in accordance with these Rules, and to disqualify all other Submissions received by the Entrant. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, 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 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. 

To be eligible, all content and materials associated with your Submission must: (i) be submitted and received in accordance with these Rules during the Submission Period; (ii) include all required components and materials set out within these Rules; and, (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Sections 13-15 (all as determined by Sponsor in its sole and absolute discretion). 

The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Submissions (all of which are void). Submissions may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Submission is not submitted and received in accordance with these Rules during the Submission Period; and/or (ii) the Submission is not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Sections 13-15) (all as determined by Sponsor in its sole and absolute discretion). 

All Submissions, Entrants and Voters are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion at any time, to verify an email address provided and to require proof of identity, age, eligibility and/or other provided details (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 (as either an Entrant or a Voter); (ii) for the purposes of verifying the eligibility and/or legitimacy of any Submission, Vote, or component thereof or other information 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 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. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding age or residence will be deemed ineligible. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of the Sponsor. 

BY SUBMITTING A SUBMISSION, EACH PARTICIPANT AGREES THAT THE SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY SUBMISSION (OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION, A DONUT IDEA); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) THE SELECTION OF POTENTIAL FINALISTS, THE WINNER SELECTION AND IF SO AWARDED, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH PARTICIPANT IN THE EVENT IT IS DISCOVERED THAT THEY HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST, THE SELECTION OF FINALISTS AND/OR AWARDING OF ANY PRIZE.

By submitting a Submission in the Contest, each Entrant hereby warrants and represents that:

The Sponsor, and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Submissions. Any Submissions that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Submissions (or any part thereof) and/or to request a participant to modify, edit and/or re-submit his or her Submission (or any part thereof) in order to ensure that the Submission complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Submission and/or the Entrant - to help ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. 

By entering the Contest and submitting a Submission, each Entrant hereby irrevocably grants to the Sponsor an irrevocable, transferrable, sublicensable, exclusive, perpetual, royalty-free, worldwide license to exploit the Donut Idea and all rights contained therein (including, without limitation, copyright, trademark rights, trade secrets) in any media or through any channel of sales. For greater certainty, the Entrant acknowledges that, as a result of this license, the Sponsor will have the exclusive and perpetual right to (and to authorize others to) edit, add to, or modify the Donut Idea in any way and to recreate, reproduce, sell, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Donut Idea, in whole or in part and, as may be edited or modified, in any manner or medium whatsoever, whether now known or developed in the future, and including, without limitation, print, broadcast and/or digital and online media (including, without limitation, on social media platforms), all without further obligation or compensation of any kind to the Entrant. Further, the Entrant waives all of its so-called “moral rights” that it may enjoy in any territory throughout the world in relation to the Donut Idea. Upon request by the Sponsor, the Entrant agrees that it shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as may reasonably be necessary or desirable to give effect to the Entrant’s license granted herein.  

Without limiting the rights granted under Section 16, by submitting a Submission, each Entrant further agrees that their Donut Idea is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Donut Idea on a non-confidential basis to anyone or otherwise use the ideas and content without any additional compensation or notification to Entrant. Entrant acknowledges that, by acceptance of an Entrant’s Submission, Sponsor does not waive any rights to use similar or related ideas previously known, developed or in the process of being developed, by the Released Parties, or may become known, developed or obtained from sources other than the Entrant at any time in the future. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Sponsor or any of the Released Parties and that no such relationship is established by any Submission made pursuant to these Official Rules. Entrant also acknowledges that other Entrants may submit a Donut Idea that is substantially similar, or identical, to the Entrant’s Donut Idea.  

Further, by entering the Contest and submitting a Submission, each Entrant 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 their Submission (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related or other cause of action whatsoever. 

During the Submission Period, Entrants must complete and submit a Submission, as set-out in Section 5-8.  

Throughout the Selection Period, the Sponsor will conduct several rounds of review until 3 Donut Ideas remain. During each round of review, a panel of judges, comprised of between 3-11 individuals, selected in the Sponsor’s sole and absolute discretion (including members of the Sponsor’s research and development team, members of the Sponsor’s leadership team, and any other individual(s), selected in the Sponsor’s sole and absolute discretion (each, a “Judge”)) will assess each of the Donut Ideas and assign a score on the basis of the following weighted criteria (the “Criteria”): 

Throughout the Selection Period, the Sponsor reserves the right, in its sole and absolute discretion, to use an Artificial Intelligence tool (the “AI Tool”) to: group similar Donut Ideas, identify any identical or nearly identical Donut Ideas (each, “Identical Ideas”), identify themes and trends amongst all Donut Ideas, and/or provide a preliminary assessment for each Donut Idea on the basis of the Criteria. For greater certainty, the output and results from the AI Tool are subject to review by the Sponsor and the Judges.  

IMPORTANT NOTE REGARDING IDENTICAL IDEAS AND TIES: If at any point during the Selection Period, 2 or more Identical Ideas are identified, the Sponsor (either manually, or by using the AI Tool) will select, at random, 1 Identical Idea from among all Identical Ideas, and the Submission that is connected to such Identical Idea will be deemed to be the only eligible Submission. If at any point during the Selection Period, 2 or more Donut Ideas are assigned the same score, the Donut Idea that received the highest score on Criteria 2 will be deemed to have received the higher score from amongst all such Donut Ideas that are tied. If 2 or more Donut Ideas remain tied, the Judges will conduct a vote and the Donut Idea that received the most votes will be deemed to have received the highest score from amongst all such Donut Ideas that remain tied. 

During the final round of review, the 3 Entrants who submitted the Donut Ideas with the highest total scoring Donut Idea will be selected as a potential Finalist. The odds of being selected as a Finalist depend on the number and calibre (based on the criteria above) of the Donut Ideas received. Due to the expected high number of Submissions, individual feedback is not possible. Entrants will only be notified if their Submission has been selected during the Finalist Selection Stage. All other decisions will remain strictly confidential. All decisions of the Sponsor are final and binding. 

NO ONE IS A FINALIST UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE FINALIST IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS THE CONFIRMED FINALIST, the eligible Finalist will be required to: (i) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (ii) sign and return within 5 business days of notification the Sponsor’s declaration and release form, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges their agreement to be a Finalist and their participation as a Finalist in the Voting Period; (c) releases the Released Parties from any and all liability in connection with this Contest and their participation therein; (d) confirms the irrevocable, transferrable, sublicensable, exclusive, perpetual, royalty-free, worldwide license granted by the Finalist in and to the Donut Idea and all rights contained therein (including, without limitation, copyright, trademark rights, trade secrets) as set out under Section 16; and (e) confirms the Finalist’s agreement to the publication, reproduction and/or other use of the Donut Idea, the Finalist’s name, city and province/territory of residence, 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 in any manner or medium whatsoever, whether now known or developed in the future, and including, without limitation, print, broadcast and/or digital and online media (including, without limitation, on social media platforms). 

The Sponsor or its designated representative will make a minimum of 2 attempts to contact each Finalist by email at least 2 weeks before the start of the Voting Period. If a potential Finalist cannot be contacted as outlined above, fails to respond to the Sponsor within the specified time, or fails to return the Sponsor’s declaration and release, such potential Finalist will be disqualified and will forfeit all rights to participate in Voting Period and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Finalist, from among all Identical Ideas (if applicable), and if there are no Identical Ideas, based on the next highest score in the Finalist Selection Stage (as determined by the Sponsor in its sole and absolute discretion) (in which case the foregoing provisions of this section shall apply to such newly selected potential Finalist). For greater certainty, such newly selected potential Finalists may be contacted within 2 weeks of the start of Voting Period. 

Period Three – Voting Period 

During the Voting Period, individuals who are eligible to participate in the Contest as a voter (a “Voter”) may submit a vote for their favourite Donut Idea from among the 3 Finalist Donut Ideas. To participate as a Voter visit http://timshop.timhortons.ca/collections/national-donut-day during the Voting Period and follow all on-screen instructions which may require you to enter a valid e-mail address (IMPORTANT NOTE: the Sponsor reserves the right, in its sole and absolute discretion to require any and all Voters to verify the e-mail account associated with the Vote) and indicate which of the 3 Finalist Donut Ideas you would like to win. Once all required steps have been completed click “submit” to submit 1 vote (each, a “Vote”).  

There is a limit of 1 Vote per person. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any Voter has attempted to: (i) exceed any of the limits stated in these Rules (including, without limitation, by creating multiple email accounts); (ii) use any automated, script, macro, robotic or other program(s) to submit Votes; and/or (iii) engage in systematic repeated voting from the same computer/IP address; then Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Votes and/or Submission to which such Votes relate. All Votes, Voters and e-mail addresses 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): (i) for the purposes of verifying the eligibility and/or legitimacy of any Vote or other information submitted (or purportedly submitted) for the purposes of this Contest; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with 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 of the applicable Votes and/or the Submission to which such Votes relate. IMPORTANT NOTE: Individuals may encourage other eligible individuals to submit a Vote for a Submission; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Vote for any Submission. Any individual determined by the Sponsor to be engaging in such behaviour is subject to disqualification (as determined by the Sponsor in its sole and absolute discretion) as well as the corresponding Votes and/or Submission to which such Votes relate. 

During the Voting Period, the Sponsor may choose, in its sole and absolute discretion, to publicize in live time, the Votes, or percentage of Votes, that each Donut Idea has received. Live vote counts, if displayed, are for entertainment purposes only and may not reflect verified results. At the close of the Voting Period, the Finalist who submitted the Donut Idea that received the highest number of eligible Votes will be the eligible winner. In the event of a tie between 2 or more Finalists and such Finalists have received the highest number of eligible Votes, the Sponsor will appoint a panel of Judges to determine the eligible winner based on the Criteria set out above. The Sponsor reserves the right, in its sole and absolute discretion, to keep any and all decisions with respect to a tie strictly confidential. The odds of being a selected as the eligible winner from among the 3 Finalists depend on the number of Votes received by each such Finalist. 

The Votes, or percentage of Votes, that each Donut Idea received is subject to verification and review by the Sponsor in accordance with these Rules. Just because a Donut Idea may appear to have the highest number of Votes, or percentage of Votes, does not mean that the Finalist associated with the Donut Idea is or will be the winner of the Prize (defined below). Any or all Votes and Voters may be verified by the Sponsor in its sole and absolute discretion at any time and for any reason in accordance with these Rules. Any such public display of Votes is for entertainment purposes only. Only the Sponsor can deem a Finalist to be the eligible or confirmed Prize winner, which will be determined in accordance with these Rules. 

NO ONE IS THE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS THE CONFIRMED WINNER, the eligible winner will be required to: (i) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (ii) sign and return within 5 business days of notification the Sponsor’s declaration and release form, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the Prize (as awarded) and all Prize terms and conditions; (c) releases the Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof (including, but not limited to, any travel related thereto); (d) confirms the irrevocable, transferrable, sublicensable, exclusive, perpetual, royalty-free, worldwide license granted by the eligible winner in and to the Donut Idea and all rights contained therein (including, without limitation, copyright, trademark rights, trade secrets) as set out under Section 16;  (e) confirms their understanding, acknowledgment and agreement that the Sponsor may sell a donut that is similar, or identical to the Donut Idea (in whole or in part, and as may be modified by the Sponsor, in its sole and absolute discretion) at one, multiple, or all Tim Hortons restaurants across Canada (as determined its sole and absolute discretion) in perpetuity, without any further compensation to the winner, whatsoever, and that notwithstanding, the Sponsor is under no such obligation to do so; and (f) confirms their agreement to the publication, reproduction and/or other use of the Donut Idea, the Prize Footage (defined below), the eligible winner’s name, city and province/territory of residence, 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 in any manner or medium whatsoever, whether now known or developed in the future, and including, without limitation, print, broadcast and/or digital and online media (including, without limitation, on social media platforms). 

There is 1 Prize (the “Prize”) available to be won in this Contest. The Prize consists of $10,000 CAD cash (awarded to the confirmed winner in the form of a cheque, or through any means determined by the Sponsor in its sole and absolute discretion) and a trip for the confirmed winner and 1 guest (subject to the guest requirements below) to Toronto, Ontario (the “Destination City”) (the “Trip”). The Trip includes: (i) a visit to the Tim Hortons kitchen to recreate the Donut Idea and to create the Prize Footage; (ii) round-trip economy transportation for 2 people to the Destination City from the major Canadian airport nearest to the winner’s residence (as determined by the Sponsor in its sole and absolute discretion); (iii) 2 nights hotel accommodation in the Destination City (hotel to be selected by the Sponsor in its sole and absolute discretion) (1 room, double occupancy); and, (iv) $1,000 CAD in prepaid credit cards (for use during the Trip to cover ground transportation in the Destination City, food and other expenses, up to $1,000 CAD). The approximate retail value (“ARV”) of the Trip is $5,500 CAD (based on a hypothetical The Pas, Manitoba departure - although the actual retail value may vary depending on the point of departure). The total Prize ARV is $15,500 CAD. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of transportation, accommodation (including, without limitation, room size and occupancy) and all other aspects of the Prize are at the sole and absolute discretion of the Sponsor. 

IMPORTANT NOTE REGARDING THE TRIP: In the event that the confirmed winner resides within a 300 kilometer radius of the Destination City (as determined by the Sponsor in its sole and absolute discretion), Sponsor will determine, in its sole and absolute discretion, whether or not the Prize will include airline travel, another form of transportation to and from the Destination City, or reimbursement for certain transportation costs (e.g. fuel costs). All decisions of the Sponsor in this regard will be final and binding without right of appeal. 

IMPORTANT NOTE REGARDING THE DONUT IDEA: It is the Sponsor’s desire to recreate and reproduce a donut that is similar, or identical to the winning Donut Idea (in whole or in part, and as may be modified by the Sponsor, in its sole and absolute discretion) (a “Winning Donut Idea Inspired Donut”) at 1 or multiple participating Tim Hortons restaurants in Canada (as determined its sole and absolute discretion) for a limited time (and for any period thereafter, as determined by the Sponsor in its sole and absolute discretion). However, due to factors including, but not limited to, supply chain limitations, ingredient availability, operational constraints, production scheduling, menu planning, brand alignment, owner alignment, and/or competing business priorities, the Sponsor reserves the right to, but makes no guarantee whatsoever that it will sell a Winning Donut Idea Inspired Donut at participating Tim Hortons restaurants. For greater certainty, the Sponsor IS UNDER NO OBLIGATION TO THE WINNER WHATSOEVER TO SELL A WINNING DONUT IDEA INSPIRED DONUT AT TIM HORTONS RESTAURANTS. The confirmed winner will not be entitled to any further compensation (except for the Prize) regardless of whether the Sponsor sells, or does not sell, a Winning Donut Idea Inspired Donut. By accepting the Prize, the confirmed winner hereby acknowledges and agrees that the Sponsor may, but is under no obligation to, sell, or otherwise use, the Winning Donut Idea Inspired Donut.  

Without limiting the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) all travel related to the Prize must be completed by the dates specified by the Sponsor (otherwise the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the confirmed winner and his/her guest must: (a) travel on same itinerary; (b) have all necessary documentation to permit travel and participation in the prize (including all required COVID-19 documentation); and (c) must not have any legal barrier to travel to, and return from, the Destination City; (v) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and his/her guest, including, without limitation: travel or medical insurance costs or expenses, transportation for the confirmed winner and his/her guest to and from the Canadian departure point (NOTE: the confirmed winner may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (vi) any portion of the Prize not utilized by the confirmed winner and their guest may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award (including without limitation if the fulfillment of the Prize, or any part thereof, is rendered impossible, infeasible, unsafe or impractical for any reason including without limitation due to any pandemic-related law, regulation, order, policy, guideline, strike, travel restriction, or for any other reason (all as determined by the Sponsor in its sole and absolute discretion) NOTE: without limiting the foregoing, in the event that any portion of the Trip is rendered impossible, infeasible, unsafe or impractical due to any applicable COVID-19 requirements or restrictions in effect at the time of fulfilment of the Prize (as determined by the Sponsor, in its sole and absolute discretion), the Trip will be forfeited in its entirety and, if forfeited, the Sponsor is not obligated to offer any substitute prize component in its place; (viii) all travel arrangements relating to the Prize must be made through the Sponsor or its designated agents and are subject to space, availability and other restrictions; (ix) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; (x) neither Sponsor nor any of its prize suppliers will replace any lost or stolen tickets; (xi) the confirmed winner’s guest must: (a) have reached the legal age of majority in their jurisdiction of residence; and (b) sign and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto); (xii) any difference between the actual value of the Prize and its stated approximate retail value will not be awarded; (xiii) all characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (xiv) once booked, travel arrangements may not be changed by the Prize winner; (xv) the Released Parties will not be in any way responsible (and for greater certainty, are not obligated to offer any substitute prizing) in the event that any part of the Trip is delayed, postponed, rescheduled or cancelled for any reason whatsoever (including, without limitation, due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any other cause of any kind or nature whatsoever); (xvi) the Sponsor reserves the right to change any of the Prize dates and/or Prize description at its sole and absolute discretion; and (xvii) by participating in the Prize, the winner and his/her guest each: (a) signifies that they understand, acknowledge and accept that participation in the Prize may involve danger and/or exposure to risks and hazards (including without limitation as may be due to the inherent risks of travel and as may be due to possible COVID-19 exposure or infection), whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, they may suffer damage to personal property, serious personal injury, illness or even death; (b) signifies that they acknowledge and agree that the Released Parties have not made any warranties, guarantees or representations about his/her safety while participating in the Prize; and (c) warrant and represent that they have evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agree and assume any and all such risks arising out of or connected with his/her participation in the Prize.  

Without limiting the foregoing, by accepting the Prize, the winner hereby grants the Contest Parties the irrevocable rights and permissions to tape, film, photograph, audio record and otherwise capture (in whole or in part) the winner during the Trip (collectively, the “Prize Footage”) and acknowledges and agrees Sponsor will own the Prize Footage and may use such Prize Footage, including the winner’s name, photograph, voice and/or likeness, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, whether now known or developed in the future, and including, without limitation, print, broadcast and/or digital and online media (including, without limitation, on social media platforms). 

This Contest is subject to all applicable federal, provincial/territorial 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. 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 Released Parties will not be liable for: (i) any failure of any Website, Contest Form, or voting 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 Submission, Vote, direct message and/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 an eligible Finalist, confirmed Finalist, eligible winner, and/or confirmed winner; and/or (vi) any combination of the above. 

The Sponsor reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend the 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 the 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 the 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, in its sole and absolute discretion, to cancel, amend or suspend the 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. 

The Sponsor reserves the right, in its sole and absolute discretion, 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, Voter, Submission, Vote and/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. 

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.timhortons.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. 

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, the Website, 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 the Contest.