CAT DADS OF THE UNIVERSE – CALL FOR APPLICATIONS
Official Terms & Conditions (“Terms”)
1. PURPOSE OF THE CALL FOR APPLICATIONS. This call for applications (the “Call”) is organised for the purpose of selecting individuals, together with their respective cats, to participate in a professional photo shoot to appear in a publicly distributed calendar to be published and promoted in Canada (the “Calendar”).
2. ORGANISER AND ADMINISTRATOR. The Call is organised by Mars Canada Inc. (the “Organiser”). The Organiser has appointed Weber Shandwick (the “Administrator”) to assist with certain administrative and operational aspects of the Call, including, without limitation, the receipt and processing of applications, communications with applicants, and the organisation and coordination of the professional photo shoot, acting solely on behalf of and under the direction of the Organiser.
Notwithstanding the involvement of the Administrator, all decisions relating to eligibility, selection of applicants, participation in the photo shoot, inclusion in the Calendar, and any withdrawal or removal decisions shall be made by the Organiser in its sole discretion.
For clarity, the Administrator acts solely as a service provider to the Organiser and shall not be considered an organiser, sponsor, publisher or decision-maker of the Call or the Calendar.
3. ELIGIBILITY. The Call is open to individuals who, at the time of submitting an application and throughout the selection process:
a. Are legal residents of Canada;
b. Have reached the age of majority in their province or territory of residence;
c. Are legally named “Adam”, as evidenced by valid government-issued identification during the photo shoot;
d. Are the individual appearing in the submitted photograph;
e. Are the owner of the cat appearing in the submitted photograph, or have obtained all necessary authorisations from the cat’s legal owner to submit the application and to allow the cat’s participation in the project; and
f. Are able and willing, if selected, to participate in the professional photo shoot together with the hereabove mentioned cat, under the conditions, schedule, and venue communicated by the Organiser or the Administrator.
g. Are willing to travel to Toronto at their own expense, should they reside outside the GTA
Employees, officers, directors, agents and representatives of the Organiser, the Administrator, their respective parent companies, subsidiaries, affiliates, advertising or marketing agencies, and any other entities directly involved in the administration of the Call or the production of the Calendar, as well as the members of their immediate families and persons living in the same household, whether related or not, are not eligible to apply.
Any application that does not comply with these eligibility requirements may be rejected or disqualified at any time, at the Organiser’s sole discretion.
4. APPLICATION PERIOD. The application period for the Call (the “Application Period”) begins on May 7 at 10 a.m. Eastern Time, and ends on May 18 at 11.59 p.m. Eastern Time. Applications must be submitted during the Application Period in accordance with these Terms. Applications submitted before the start of the Application Period or after it ends will not be considered and will be void. The Organiser reserves the right, at its sole discretion, to extend, shorten, suspend or modify the Application Period, or to cancel the Call altogether, subject to applicable law.
5. HOW TO APPLY. No purchase or payment is required to submit an application. To apply, eligible individuals must, during the Application Period, fully and accurately complete the application form in the manner specified by the Organiser or the Administrator. The application form must be completed in full for an application to be reviewed and may require applicant to provide, without limitation: (1) one or several photographs featuring the applicant together with their cat; and (2) information relating to the applicant and their cat, including details regarding the cat’s age, temperament, behaviour, health and overall suitability to participate in a professional photo shoot; and (3) the applicant’s social media handles or other publicly available online identifiers, for the purpose of conducting reputational and integrity reviews in accordance with the Terms; and (4) any information reasonably required for the administration of the Call, the review and selection of applicants, and the organisation of the Photo Shoot.
Applications that are incomplete, that omit required information, or where the applicant refuses or fails to provide information requested as part of the application form may not be reviewed and may be rejected or disqualified at any time, at the Organiser’s sole discretion. All information provided as part of the application form must be true, accurate and complete. The Organiser reserves the right to verify the information submitted and to disqualify any applicant whose application contain false, misleading or incomplete information.
Only one (1) application per individual will be accepted. Applications submitted on behalf of another person are not permitted.
6. CONTENT REQUIREMENTS AND REPRESENTATIONS. Each application must include 1 photograph with the following requirements (“Submitted Photograph”):
a. The Submitted Photograph must exclusively feature the applicant together with the applicant’s cat and must not include any other identifiable individual, as this term is understood under applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA), whether in the foreground or background;
b .The Submitted Photograph must be an authentic image and must not have been generated, created, altered, enhanced or manipulated using artificial intelligence, machine learning, deepfake technology or any similar tools or techniques;
c. The Submitted Photograph must not infringe the rights of any third party, including right of privacy, publicity or intellectual property;
d. The Submitted Photograph must depict the cat in conditions that respect its health, safety, welfare and overall wellbeing and must not portray or suggest any situation that could reasonably be perceived as harmful, unsafe or inappropriate for the animal.
By submitting an application, each applicant represents and warrants that the Submitted Photograph fully complies with the above requirements and that all information provided in connection with the application is true, accurate and complete.
Applicants acknowledge that any application that does not comply with the terms of this clause and more generally to the Terms may be rejected or disqualified at any time, at the Organiser’s sole discretion.
Applicants further agree to indemnify and hold harmless the Organiser, the Administrator, and their respective affiliates, officers, employees, agents and service providers from and against any claims, damages, losses or liabilities arising out of or relating to a breach of the representations and warranties set out in this clause.
7. SELECTION PROCESS. Following the end of the Application Period, all eligible applications submitted in accordance with the Terms will be reviewed by or on behalf of the Organiser.
A limited number of applicants may be selected, at the Organiser’s sole discretion, following a holistic review of all eligible applications submitted in accordance with these Terms. Selection may be based on a combination of factors, including, without limitation, editorial and creative considerations relating to the overall coherence of the Calendar, considerations, including, the information provided about the applicant and their cat, and the overall suitability, wellbeing, safety and feasibility of participation of both the applicant and their cat for the Calendar. For greater certainty, selection is not based solely on the Submitted Photograph, and takes into account the full application, including written information provided by the applicant regarding their pet and their ability to participate in the Photo Shoot under the proposed conditions.
Selected applicants and their cats may be invited to represent one (1) month of the Calendar and to participate in a professional photo shoot organised by or on behalf of the Organiser.
Participation in Call does not guarantee selection, participation in the photo shoot, or final inclusion in the Calendar. The Organiser is under no obligation to select any minimum number of applicants or to include any selected applicant in the Calendar. For greater certainty, selection of an applicant and participation in the Photo Shoot do not guarantee that the applicant or their cat will appear in the final Calendar. The Organiser may select more applicants than the number ultimately featured in the Calendar, and final inclusion remains subject to the Organiser’s sole discretion.
All selection decisions are final and binding and are not subject to appeal, correspondence or justification.
8. PHOTO SHOOT PARTICIPATION. Applicants selected pursuant to Clause 7 (the “Selected Applicants”) may be invited to participate, together with their cat, in a professional photo shoot organised by or on behalf of the Organiser (the “Photo Shoot”) for the Calendar.
The Photo Shoot will take place at a date, time and location determined by the Organiser or the Administrator, which will be communicated to the Selected Applicants in due course. Selected Applicants must be able and willing to attend the Photo Shoot together with their cat and to reasonably cooperate with the Organiser, the Administrator, photographers and production team involved. Selected Applicants acknowledge and agree that all costs and expenses associated with the participation to the Call and the Photo Shoot, including without limitation transportation, travel, accommodation, meals and any other related expenses, shall be borne solely by the applicant. The Organiser and the Administrator will not reimburse or cover any such costs.
Selected Applicants acknowledge that third-party partners, including media or content production partners appointed by the Organiser, may be present at the Photo Shoot to capture behind-the-scenes or documentary content in connection with the project.
Failure to attend the Photo Shoot, inability to participate with the cat, or failure to comply with reasonable instructions provided in connection with the Photo Shoot may result in exclusion from the project, without compensation or liability for the Organiser or the Administrator.
9.REPUTATIONAL REVIEW AND INTEGRITY. Participation in the Call, selection of applicants, participation in the Photo Shoot and inclusion in the Calendar are subject to reputational and integrity considerations.
The Organiser reserves the right, at any time and in its sole discretion, to disqualify any applicant or to withdraw any Selected Applicant or their cat from the project if the Organiser determines that the individual’s past or present conduct, public statement, background, associations or any other information reasonably available could adversely affect the image, reputation or values of the Organiser, the Calendar or any related brand.
Selected Applicants may be required, as a condition of participation in the Photo Shoot or inclusion in the Calendar, to provide declarations or confirmations relating to integrity, reputation or background, and to cooperate with any reasonable reputational review conducted by or on behalf of the Organiser, in compliance with applicable privacy laws. Refusal to provide such cooperation or information may result in withdrawal from the project without compensation.
Any disqualification or withdrawal pursuant to this Clause shall not give rise to any right of appeal, compensation or indemnity.
10. INITIAL IMAGE AND PUBLICITY CONSENT. By submitting an application and, if selected, by participating in the Photo Shoot, applicants acknowledge and agree that the Organiser may use their name, first name and general information, as well as the Submitted Photograph and, where applicable, behind-the-scene or documentary image captured in connection with the Call or the Photo Shoot, for the purposes of administering the Call, announcing the selected applicants, and communicating, promoting and publicising the Calendar and the related project, including through print and digital versions of the Calendar, media pitch materials, public relations activities and resulting media coverage.
Any such use shall be limited in scope and shall not include the commercial exploitation of final images captured during the Photo Shoot as primary campaign assets, which shall be subject to the execution of a separate written waiver, release and consent entered between the Organiser and each Selected Applicant.
Applicants acknowledge that this initial consent does not create any obligation on the Organiser to select an applicant, to include the applicant in the Calendar, or to proceed with the use of any image or information.
11. EVENTS INTERFERING. The Organiser reserves the right, at any time and in its sole discretion, to suspend, modify, reschedule or cancel the Call, the selection process, the Photo Shoot or the production of the Calendar, in whole or in part, if circumstances arise that are beyond the Organiser’s reasonable control or for any other reason.
Such circumstances or reasons may include, without limitation, force majeure events, technical failures, logistical or operational constraints, public health or safety concerns, weather conditions, labour disruptions, legal or regulatory requirements, reputational considerations, strategic or business decisions, or any other factor that, in the Organiser’s judgment, makes the continuation of the Call or the project impractical or undesirable.
Any suspension, modification, rescheduling or cancellation pursuant to this Clause shall not give rise to any claim, compensation or liability on the part of the Organiser or Administrator.
12. LIABILITY AND LIMITATION OF RESPONSIBILITY. Participation in the Call and, where applicable, in the Photo Shoot is voluntary and is undertaken at the applicant’s own risk.
To the maximum extent permitted by applicable law, the Organiser, the Administrator, and their respective parent companies, affiliates, officers, directors, employees, agents, contractors, and service providers shall not be liable for any loss, damage, injury, cost or expense of any kind arising out of or in connection with participation to the Call, the application process, the selection process, or participation in the Photo Shoot, except where such liability cannot be excluded under applicable law.
Without limiting the foregoing, the Organiser and the Administrator shall not be responsible for:
a. Any liability of an applicant or Selected Applicant to participate in the Photo Shoot;
b. Any cancellation, modification, rescheduling or withdrawal relating to the Call or the Photo Shoot; or
c. Any loss or damage resulting from technical, organisational or logistical issues beyond their reasonable control.
Nothing in this Clause limits or excludes any rights or remedies that cannot be excluded under applicable law.
Any broader release, waiver or liability or consent relating to participation in the Photo Shoot and the use of images shall be governed exclusively by the separate waiver and release executed by each Selected Applicant.
13. PRIVACY AND PERSONAL INFORMATION. The Organiser respects the privacy of applicants and is committed to protecting personal information in accordance with applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as Mars Inc privacy standards.
Personal information collected in connection with the Call may include, without limitation, an applicant’s name, contact information, photograph, and any other information provided as part of the application, as well as information collected in connection with the selection process, the Photo Shoot and the production of the Calendar.
Such personal information will be collected, used and disclosed solely for purposes related to the administration of the Call, the review and selection of applicants, the organisation and execution of the Photo Shoot, the production and promotion of the Calendar, and for related legal, administrative and operational purposes.
The Administrator processes personal information solely on behalf of the Organiser and in accordance with the Organiser’s instruction and applicable privacy laws.
Personal information will be retained only for as long as reasonably necessary to fulfil the purpose described above or as required by law, after which it will be securely deleted or anonymised, in accordance with the Organiser’s data retention policies.
Applicants have the right to access, correct or request information regarding the handling of their personal information, subject to applicable law. Additional information regarding the Organiser’s privacy practices is available in the Organiser’s privacy policy at: https://www.mars.com/privacy
14. EXCLUSION – THIRD PARTY IP OWNERS AND PARTNERS. Mattel, Inc., Mattel Canada Inc., Amazon Studios, and their respective parent companies, subsidiaries, affiliates, licensors, licensees, and partners (collectively the “Third-Party IP Owners”) are not organisers, administrators or sponsors of the Call and are not responsible for the administration of the Call, the selection of applicants, the Photo Shoot, the production of the Calendar, or any related activities.
The Third-Party IP Owners shall have no liability whatsoever, whether direct or indirect, arising out or in connection with the Call, these Terms, the selection process, participation in the Photo Shoot, or the use of the Calendar.
Any questions, comments or claims relating to the Call must be directed exclusively to the Organiser or the Administrator and not to any Third-Party IP Owners.
15. GOVERNING LAW AND JURISDICTION. These Terms and the Call shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of law principles.
Any dispute, claim or proceeding arising out of or relating to these Terms, the Call, the selection process, the Photo Shoot or the Calendar shall be brought exclusively before the courts located in the Province of Ontario, and applicants irrevocably submit to the exclusive jurisdiction of such courts.
16. SEVERABILITY. If any provision contained in the Terms is determined to be invalid, illegal or unenforceable by a court or competent jurisdiction, such provision shall be severed from the Terms and shall not affect the validity, legality or enforceability of the remaining provisions, which shall remain in full force and effect.
17. LANGUAGE. These Terms are drafted in the English language. In the event these Terms are available in another language, the English version shall prevail in the event of any discrepancy, inconsistency or conflict of interpretation, to the extent permitted by applicable law.
18. ENTIRE AGREEMENT AND AMENDMENT. These Terms constitute the entire agreement between the applicants and the Organiser with respect to the Call and supersede any prior communication, representations or understandings whether written or oral, relating thereto.
The Organiser reserves the right, to the extent permitted by applicable law, to amend or update these Terms at any time. Such amendment shall be effective upon publication or communication by the Organiser.
By submitting an application, applicants acknowledge that they have read, understood and agree to be legally bound by these Terms.
19. NO PARTNERSHIP, NO EMPLOYMENT AND NO ASSIGNMENT. Nothing in these Terms, the Call, or the participation of any applicant or Selected Applicant shall be deemed or construed to create any partnership, joint venture, employment, agency, representation, modelling, influencer or similar relationship between the Organiser and any applicant or Selected Applicant.
Applicants and Selected Applicants participate in the Call and, where applicable, the Photo Shoot as independent individuals and are not employees, agents or representatives of the Organiser or the Administrator.
These Terms are personal to each applicant and may not be assigned, transferred or sublicensed by an applicant or Selected Applicant, in whole or in part, without the prior written consent of the Organiser. The Organiser may assign or transfer these Terms to an affiliate in connection with the organisation of the Calendar or related activities.
ALL TRADEMARKS AND LOGOS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.