Extreme Pita®***
A Billion Acts of Extreme Contest™
September, 2009

OFFICIAL CONTEST RULES
The “EXTREME PITA® Billion Acts of Extreme Contest™” (this “Contest”) is sponsored by The Extreme Pita National Marketing Fund Canada Inc. cob as Extreme Pita® (the “Sponsor”).

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  This Contest is open only to entrants who, as of the date of entry, are legal residents of Canada (excluding residents of the Northwest, Yukon, Nunavut territories and the provinces of Quebec and PEI) or legal U.S. residents of the States of Washington, California, Arizona, Texas, Nevada, North Dakota, South Dakota, Rhode Island, Louisiana, Minnesota, and Massachusetts, in either case who are at least fourteen (14) years old.  Contest is void outside the contest territory, and where prohibited or restricted by law.

IF YOU ARE A MINOR, ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND TO HELP YOU ENTER.

EACH ENTRANT (OR MINOR ENTRANT’S PARENTS AND LEGAL GUARDIANS ON BEHALF OR HIMSELF/HERSELF AND ON THE MINOR’S BEHALF) AGREES TO THESE OFFICIAL RULES.

HOW TO PARTICIPATE
1. Contest entry period begins at 12:01 a.m. Eastern Time (“ET”) on September 28, 2009 and ends at 11:59 p.m. ET on November 29, 2009 (the “Contest Entry Period”).  Sponsor’s computer is the official time-keeping device for the Contest.  All entries must be received by Sponsor as described below during the Contest Entry Period.  There is 1 way to enter this contest:

I. No purchase necessary – Visit www.extremepita.com and click on the “Billion Acts of Extreme Contest” link, which will take you to the official entry form.  Follow the onscreen links and instructions to enter.  Complete the entry form with your full name, mailing address (including postal/ZIP code), daytime and evening telephone number (including area code), birth date and email address (if applicable). Click on “Submit Your Video” to upload your video entry. All entries must be uploaded during the Contest Entry Period. Limit one entry per person, to a maximum of one entry per household. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification.  Proof of submission will not be deemed to be proof of receipt by Sponsor. NO VIDEOS WILL BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND VIDEO.

II. Video requirements – All video submissions must comply with the following requirements.

  • Your video must depict the theme:  “What makes you EXTREME?”  For example, extreme sports, eating or humour.
  • Your video can be no longer than 2 minutes.
  • Your video cannot exceed 7 MB.
  • All videos must be digital and of a size and format that are compatible with the upload systems used in connection with the Contest which is specified in the Contest video upload instructions.
  • All Contest activities by a contestant on Sponsor’s website are subject to the terms and conditions of such website, as posted from time to time thereon.
  • Your video must be suitable for a public forum and must NOT contain material that is (or promoting activities that are) sexually explicit, violent, dangerous, self-mutilating, discriminatory, illegal, defamatory, libellous, offensive, threatening, profane, hateful, indecent, inappropriate or harassing, political or religious statements, or derogatory or injurious to Sponsor.
  • If you choose to incorporate music as part of your video entry, you must only use music and lyrics (a) for which you are the owner, (b) for which you have the perpetual, unrestricted, worldwide, non-royalty bearing and irrevocable rights to use the music and lyrics in order to grant all the rights set forth in these Official Rules, or (c) that are in the public domain and may be freely used by you.  All music and lyrics must be identified on your official entry form and the source of your rights therein (ie. ownership, right to use or public domain).  If requested by Sponsor at any time during or after the Contest, you shall provide Sponsor with evidence of your rights to use the music and lyrics, in a form required by Sponsor.  Failure to do so may result in disqualification of your entry.  Music includes a recorded or live performance of a musical composition or any component thereof, including, without limitation, playing recorded music and/or a vocal performance in the background, or your playing of music or singing/reciting words from a song. Your video must not include (e.g., in the background, on costumes, on equipment or on props) any recognizable third party trade-marks, logos, insignia, location signage, advertising, branded products, photographs, artwork, or sculpture.
  • If your video includes, depicts or features third parties, or if a third party shot or helped with the production of a submitted video, you must have the perpetual, unrestricted, worldwide, non-royalty bearing and irrevocable rights to use such third party’s participation or contribution in the video in order to grant all the rights set forth in these Official Rules).  If requested by Sponsor at any time during or after the Contest, you shall provide Sponsor with evidence of your rights to use such third party’s participation or contribution (including, without limitation releases from the owners of any recognizable locations), in a form required by Sponsor.  Failure to do so may result in disqualification of your entry. Your video must be your own original creation (an original is the product of one’s own mind and is not a copy or imitation), created solely by you.  Submissions must not have been published previously, in whole or in part, or have won any other award.  Modifying, enhancing or altering a third party’s pre-existing work does not qualify as an entrant’s original creation.
  • Each submission must be in keeping with Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright, trade-mark, or trade secret).

Sponsor reserves the right, in its sole discretion, to disqualify any entry which Sponsor deems, in whole or in part, to not meet its criteria noted above or that is not in keeping with Sponsor’s positive image.  Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified.

Each entry and related video/audio submissions, including, without limitation, all contents, concepts and ideas embodied therein, becomes the exclusive property of Sponsor, and will not be returned by Sponsor.  Each entrant hereby irrevocably assigns to Sponsor, its successors and assigns, all right, title and interest in and to such entry and submissions, including, without limitation, all intellectual property and other proprietary rights without expectation of compensation or acknowledgement (other than the prize, if any, that is awarded to entrant as set forth in these Official Rules).  Each entrant agrees that Sponsor and its successors, assigns, licensees and designees shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s entry and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry or submission (or any part thereof) or information or ideas contained within any entry or submission, all without payment, consideration, attribution, notice or consent.  Sponsor shall have no obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary.  Sponsor reserves to right to edit, modify, or abridge any such entry or submissions for any reason prior to use.

For each minor entrant, Sponsor reserves the right at any time to send an e-mail to such contestant containing a separate parental consent, authorization and media release.  Such request does not mean such minor entrant is a winner and is separate from the winner’s release described below.  Such minor entrant and his or her parent or legal guardian (on his or her behalf and on behalf of the minor entrant) must print, completely fill out and sign such consent, authorization and media release and return it to Sponsor in the manner and by the time required by Sponsor.  If consent, authorization and media release is not timely received by Sponsor, Sponsor reserves the right in its sole discretion to disqualify such entrant.

2.   PRIZES

The number of prizes available to be won and the approximate retail value (ARV) of each prize are as follows:

Prize

Prizes Available to be Won

Selection Date

Selection Time

Vouchers for 12 Free Pita Sandwiches (ARV $120 CDN)

9

Every Monday starting from October 5, 2009 to December 7, 2009

11:59 pm ET

$1,000 CDN Cash (ARV $1,000 CDN)

4

Week of December 13, 2009

11:59 pm ET

$10,000 CDN Cash (ARV $10,000 CDN)

1

Week of December 13, 2009

11:59 pm ET

3.   PRIZE DESCRIPTIONS

Weekly Prizes: For each week between September 28, 2009 and November 29, 2009, there is 1 Weekly Prize available to be won, each consisting of and limited to 12 vouchers for free pita sandwiches at participating Extreme Pita restaurants. These vouchers must be redeemed within 1 year and expire December 31, 2010. Vouchers subject to the terms, conditions, restrictions and limitations thereof.  Vouchers are not redeemable for cash.

Secondary Prizes: There are 4 Runner Up Prizes available to be won, each being a $1,000 CDN cash prize.

Grand Prize: There is 1 Grand Prize available to be won, that being a $10,000 CDN cash prize.

All prizes must be accepted as awarded without substitution.

4.   VIDEO SELECTION: For each of the 9 weeks during the contest period, a judging panel (the “Panel”) will select 5 videos from all entries uploaded between Monday 12:00 am ET and Sunday 11:59 pm ET of the previous week (for a total of 50 videos during the entire contest period).  The top video of each week as selected by the Panel will (a) have his/her video posted to the Extreme Pita® website (at such times and places, and for such duration as determined by Sponsor in its sole discretion), (b) receive 12 free pita vouchers, and (c) be included as a finalist for a Grand Prize of $10,000 CDN or a Runner Up Prize of $1,000 CDN.

The Panel will be individuals who are experienced in talent, entertainment, public performance and/or marketing, which individuals shall be selected by Sponsor and who may also be employees or agents of Sponsor.

The Panel will assess the video entries based on the following criteria:

  • Creativity and Originality (30%)
  • Humour (30%)
  • Relevance to the Contest theme of “What makes you EXTREME?” (40%)

5.   VOTING AND PRIZES: For each of the 9 weeks during the contest period, the Panel will choose the top video for that week, which shall be the entry from the applicable week’s entries with the highest cumulative score as based on the foregoing judging criteria. The entrant of the top video for each week during the contest period will receive 12 vouchers for free pitas sandwiches (vouchers must be redeemed within 1 year from date of issue and expire December 31, 2010, and are subject to the terms, conditions, limitations and restrictions thereof).  The top 9 weekly videos will be eligible for the Grand Prize of $10,000 CDN cash and the 4 Runner Up prizes of $1,000 CDN cash.  The Panel will choose the Grand Prize winner and the 4 Runner-Ups from among the said top 9 videos, such selection to take place during the week of December 13, 2009.  The entrant of the top video among such finalist videos with the highest cumulative score in the finalist judging as based on the foregoing judging criteria shall be the potential Grand Prize Winner, and the entrants of the videos with the second, third, fourth and fifth highest cumulative score in the finalist judging as based on the foregoing judging criteria shall be the potential Runner Up Prize Winners. In the event of a tie in the judging in this Contest, the tied entries will be re-evaluated against each other by the Panel based on the foregoing judging criteria until the tie is broken.

Potential weekly winners will be announced on the dates set forth above and below.  A potential weekly winner will be notified by telephone, overnight courier service or email.  A potential weekly winner will be required to execute and return to Sponsor a Declaration and Release described in Section 8 below.  The Declaration and Release must be returned to Sponsor within five (5) days of the date specified on the accompanying notification letter.  If a potential weekly winner does not respond to Sponsor and accept the prize within forty-eight (48) hours of Sponsor’s first attempt to contact the potential weekly winner, or if the potential weekly winner fails to return the Declaration and Release within the required five (5) day period, or if the potential weekly winner is found to be ineligible, or if the potential weekly winner does not comply with the Official Rules, then the potential weekly winner may be disqualified, and an alternate weekly participant with the next highest cumulative score in the applicable weekly video judging as based on the foregoing judging criteria will be selected as an alternate potential winner.  Such alternate will be notified by Sponsor and must respond to Sponsor (including by providing a signed copy of the Declaration and Release) at the times and in the manner as specified above; provided, however, Sponsor may adjust the foregoing process and timing to accommodate its Contest schedule, and may be unable to select an alternate.  Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s notification or the required documents for any reason, or for the inability of such potential winner to respond to Sponsor’s notification or return the required documents for any reason.

For greater certainty, the contest dates and the events will follow the following timeline:

  • Sept. 28 – Oct. 4: videos to be uploaded from eligible entrants.
  • Oct. 5 – Oct. 11: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Oct. 5 – Oct. 11: videos to be uploaded from eligible entrants.
  • Oct. 12 – Oct. 18: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Oct. 12 - Oct. 18: videos to be uploaded from eligible entrants.
  • Oct. 19 – Oct. 25: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Oct. 19 - Oct. 25: videos to be uploaded from eligible entrants.
  • Oct. 26 – Nov. 1 The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Oct. 26 – Nov. 1: videos to be uploaded from eligible entrants.
  • Nov. 2 – Nov. 8: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Nov. 2 – Nov. 8: videos to be uploaded from eligible entrants.
  • Nov. 9 – Nov. 15: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Nov. 9 – Nov. 15: videos to be uploaded from eligible entrants.
  • Nov. 16 – Nov. 22: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Nov. 16 – Nov. 22: videos to be uploaded from eligible entrants.
  • Nov. 23 – Nov. 29: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Nov. 23 – Nov. 29: videos to be uploaded from eligible entrants.
  • Nov. 30 – Dec. 6: The Panel will select the top video from the previous week.  The top video of the week as determined by the Panel will receive the prize of “12 Free Pitas for a Year” and will also be included in the final voting stage.
  • Week of Dec. 13th: Grand Prize winner of $10,000 CDN and 4 runner ups of $1,000 CDN will be chosen by the Panel and the contest ends.

The Grand Prize winner will be contacted by email, mail, overnight courier or telephone within the period starting December 13, 2009 and ending December 20, 2009.  If the Grand Prize winner cannot be contacted within that period, the next finalist with the highest cumulative score in the finalist judging as based on the foregoing judging criteria will be eligible to receive the Grand Prize until the prize has been claimed.  Sponsor will contact Runner Up Prize winners as soon as the Grand Prize has been claimed. Runner Up Prize winners will be contacted by email, mail, overnight courier or telephone within the seven (7) day period starting after the Grand Prize is claimed.  If a Runner Up Prize winner cannot be contacted within that period, the next Runner Up (or finalist, if applicable) with the highest cumulative score in the finalist judging as based on the foregoing judging criteria will be eligible to receive a Runner Up Prize until the prize has been claimed.

All prizes will be delivered to the confirmed winners by the Sponsor within 30 days of confirmation as an applicable winner.

Prizewinners are fully responsible for any and all applicable federal, state, provincial, international and local taxes and assessments associated with prize award, receipt and use.  Prizewinners will be issued applicable tax reporting forms (e.g., a U.S. IRS Form 1099 in the U.S.) for the value of any prize won by the prizewinner.

6.   ELIGIBILITY: To enter and be eligible to win, a person must, as of the date of entry, be a legal resident of Canada (excluding residents of the Northwest, Yukon, Nunavut territories and the provinces of Quebec and PEI) or a legal U.S. resident of the States of Washington, California, Arizona, Texas, Nevada, North Dakota, South Dakota, Rhode Island, Louisiana, Minnesota, and Massachusetts, in either case who is at least fourteen (14) years old, and who is not an officer, director and employee of Sponsor, its affiliated companies or agents, franchisees, or advertising or promotional agencies, the Panel or a member of any such employee’s, officer’s or director’s immediate family (regardless of where he or she lives) or persons with whom they are domiciled (whether related to the officer, director or employee or not). In these Official Rules, “immediate family” means mother, father, brothers, sisters, sons, daughters, spouse or grandparents.  The Contest is also void in any jurisdiction where prohibited by law; subject to all federal, provincial, state, local and municipal laws, rules, and regulations.

7.   BINDING EFFECT; DISQUALIFICATION: By entering the Contest, entrants (and minor entrant’s parents and legal guardians) agree to abide by the Official Rules and the decisions of the Sponsor and the Panel with respect to all aspects of the Contest, which are final, binding and conclusive on all matters relative to this Contest.  The Sponsor reserves the right at its sole discretion to disqualify from this Contest or any other promotion conducted now or in the future by the Sponsor or any of its affiliates, any individual (or such individual’s parents or legal guardians) found to be tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by the Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.

8.   DECLARATION AND RELEASE: The selected weekly winners will be required to sign a Declaration and Release Form in the form provided by Sponsor confirming compliance with the Official Rules, acceptance of the prize as awarded, without substitution, consent to the disclosure of certain information to the public, releasing the Sponsor, its affiliated and related companies, franchisees, advertising and promotional agencies, the Panel and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest; entrant’s award, receipt or use of any prize awarded in the Contest; and entrant’s participation in any prize or Contest related activities, and, where lawful, containing various publicity and media releases. The Declaration and Release Form must be returned within the time period specified on the document or the prize may be forfeited.  The Declaration and Release must also be signed by the potential winner’s parent or legal guardian if the potential winner is a minor in his/her jurisdiction of residence.

9.   PUBLICITY.
Except where prohibited by law, participation in the Contest constitutes a winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, province, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.

10.   RELEASE. By entering, each entrant (and each minor entrant’s parents and legal guardians, on behalf of themselves, and on behalf of the minor entrant) forever and irrevocably releases and holds harmless Sponsor, its affiliated and related companies, franchisees, advertising and promotional agencies, the Panel and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest; entrant’s award, receipt or use of any prize awarded in the Contest; and entrant’s participation in any prize or Contest related activities.

11.   GENERAL.
In the event it is determined that an entrant has submitted an entry in a fashion not sanctioned by these contest rules and/or has submitted more than the number of entries permitted by these rules, the entrant will be disqualified and all of the entries submitted by the entrant will be disqualified. Entry materials/data that have been tampered with or altered are also void. The Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest, (c) any late, lost, illegible, incomplete, falsified or destroyed entries, (d) inaccurate capture of entry information, virus contamination, technical malfunctions, network, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any other problems or any combination thereof, (e) those who cannot access the Internet or cannot click-through for any period of time, and (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s web site by a hypertext link.

Entrant (and each minor entrant’s parents and legal guardians) agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, (ii) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event legal fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, aggravated, exemplary, 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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All entrants and entries are subject to verification by Sponsor.

The Sponsor reserves the right to cancel, terminate, modify, or suspend in whole or in part the Contest without prior notice and without liability. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering or infection by computer virus, the Sponsor reserves the right, to cancel, terminate or modify the Contest. Sponsor reserves the right to correct clerical or typographical errors in any promotional materials relative to the Contest.

This Contest is void where prohibited by law and is subject to all applicable federal, provincial, state, local, and municipal laws and regulations.  Any dispute arising hereunder shall be adjudicated in the applicable court in Toronto, Ontario.

12.   OFFICIAL RULES: The Official Rules are available at www.extremepita.com at the contest section of the website.

13.   WINNER’S LIST: Winner’s names will be posted on www.extremepita.com by January 31, 20010, subject to verification of winners.

14.   SPONSOR: The sponsor of the Contest and the address at which the Sponsor may be contacted is:  The Extreme Pita National Marketing Fund Canada Inc. cob as Extreme Pita; 2187 Dunwin Drive, Mississauga, ON  L5L 1X2.

15.   PRIVACY POLICY & TERMS OF USE: All entrants and entries are subject to Sponsor’s privacy policy and terms of use, both of which can be found on Sponsor’s website, at www.extremepita.com.  In the event of any discrepancy or inconsistency between the terms and conditions of these contest rules and disclosures or other statements contained in any Contest related materials, including but not limited to Sponsor’s privacy policy and terms of use, any entry form, or point of sale, television, print or online advertising, the terms and conditions of these contest rules shall prevail, govern and control.

***Trade-mark owned by Extreme Pita IP

© The Extreme Pita National Marketing Fund Canada Inc., 2009.