PRO PLAN® Star Performer Contest
Official Rules (the "Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
1. The Pro Plan® Star Performer Contest (the "Contest") commences at 10:00:00 AM EST on October 27, 2014 and ends at 11:59:59 PM EST on December 7, 2014 (the "Contest Period"). All entries must be received by 11:59:59 PM EST on December 7, 2014 (the " Contest Closing Time"). Entries submitted after the Contest Closing Time will not be accepted.
2. The Contest is only open to legal residents of Canada who have reached the age of majority in their Province or Territory of residence at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) Nestlé Canada Inc., including its Nestlé Purina PetCare Canada division, (the "Sponsor"); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the " Contest Administrator"); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the "Contest Entities".
3. An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How To Enter
4. NO PURCHASE NECESSARY: During the Contest Period, go to www.tryproplan.ca/star-performer-contest (the "Website") and follow the online instructions to choose three (3) traits to describe your dog or cat and upload three to five (3-5) photos of your dog or cat (each, a " Photo") for your chance to win one of the Contest prizes (the "Prizes"). A video of your pet, created automatically using the information you provide and your Photos, will be posted on the Website (a "Video"). As part of your submission, you must follow the online instructions to fully complete and submit the online registration form (an "Entry Form") in order to receive one (1) entry into this Contest, including:
(a) filling out the information in the Entry Form, including your full name, complete mailing address including postal code, telephone numbers, including area code, and valid email address;
(b) providing the requested information regarding your Pet and the related Photos;
(c) confirming that you have read and agreed to these Rules; and
(d) clicking the "Enter Contest" button to submit your Entry Form.
5. Limit of one (1) entry per household pet, to a maximum of three (3) entries per household, for the duration of the Contest Period, regardless of the email address, telephone number, mailing address or other information provided in the Entry Form.
6. By entering the Contest, or by voting in the Contest, consumers may become eligible for product coupons. Limit of one (1) dry dog food coupon, one (1) wet dog food coupon, one (1) dry cat food coupon and one (1) wet cat food coupon per IP address for the duration of the Contest Period.
7. Any available opt-in opportunities are not required to enter this Contest, and checking any opt-in boxes will not improve your chances of winning.
8. All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
9. By participating in this Contest, submitting Photos to the Website and creating one (1) or more Videos, each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such Photo, that:
(a) it is original to him/her, it is not a duplicate or modified version of any other Photo previously entered in the Contest and he/she has all necessary rights in the Photo and all of its components to enter it in the Contest;
(b) it does not contain any viruses, bugs or other elements that could impair, slow down or otherwise cause damage to the Website, any other Sponsor property or the property of third parties;
(c) it does not contain any reference to or likeness of any third parties unless consent has been obtained from all such individuals (if any third parties are under the age of majority in their province or territory of residence, consent must be obtained from such individual’s parent or legal guardian);
(d) it is in .jpg or .gif format, is no larger 3 megabytes, is of a good technical quality (resolution, clarity and lighting) and not treated, edited or otherwise modified (including through Photoshop® software or its equivalent, however, Instagram filters are allowed);
(e) it is not obscene, indecent, threatening, harassing, abusive or otherwise inappropriate, including through the depiction of violent, humiliating, derogatory, racist, sexist, illegal, risky or vulgar scenes;
(f) it does not include or display any text;
(g) it does not contain any personal information, including personal names, email addresses, street addresses, other contact information or licence plate numbers;
(h) it does not contain any commercial messages or URLs or links to other websites;
(i) it does not, and will not, in any way, give rise to any claims of infringement or defamation, give rise to any claims for any payment whatsoever or breach the rights of any third parties, including any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
(j) the Photo and the associated entrant and entry information does not, and will not, in any way, harm, defame or impair the public image and goodwill of the Sponsor or of the Pro Plan brand; and
(k) it does not and will not, in any way, violate any applicable laws or regulations.
10. BY POSTING A PHOTO, EACH ENTRANT AGREES THAT THE PHOTO COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, IN RELATION TO ANY PHOTOS OR THE RESULTING VIDEOS, INCLUDING IN RELATION TO ANY USE MADE OF ANY SUCH PHOTOS AND VIDEOS BY THE RELEASEES.
11. Any Photos or Videos that the Sponsor and/or its moderator deem, at any time, in their sole and absolute discretion, to be in violation of these Rules will not be posted or will be removed from the Website and will not constitute eligible entries in the Contest.
Use of Photos and Videos
12. By entering the Contest, submitting a Photo to the Website or creating a Video, each entrant:
(a) grants to the Sponsor and its agents and designees, in perpetuity, a non-exclusive, worldwide, irrevocable, royalty-free licence to publish, display, reproduce, modify, edit or otherwise use the Photo or Video, as applicable, in whole or in part, in its original form or as edited or modified in any way at the direction of Sponsor, anywhere in the world and in any and all forms of media whatsoever, in connection with this Contest or for any other advertising, promotional, commercial or other lawful purposes whatsoever in the sole and absolute discretion of the Sponsor, including in association with the entrant’s first name;
(b) waives any and all moral rights you may have in and to the Photo or Video, as applicable, in favour of the Sponsor and its agents and designees; and
(c) agrees to release, defend and indemnify the Releasees from any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, arising out of or relating in any way to the Photo or Video, as applicable, or the use of the Photo or Video in any way by the Releasees, including any and all liability, claims, losses, actions and damages based upon rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property.
Prizes and Odds of Winning
13. There are a total of two (2) grand Prizes (each, a "Grand Prize") available to be won at the outset of this Contest, one for the entries in the dog category and one for entries in the cat category. Each Grand Prize consists of a four (4) day, three (3) night trip for two (2) to New York City, New York, USA from February 14 to February 17, 2015. Each Grand Prize includes:
(a) roundtrip economy class airfare for the Grand Prize winner and his/her guest (the "Prize Travelers") to New York City, from the major international airport closest to the Grand Prize winner’s residence at the time of entering the Contest (the Prize Travelers for each Grand Prize must travel on the same itinerary, transportation for the Prize Travelers to/from such airport is at their own cost and the airline and other airfare details are to be selected by the Sponsor in its sole and absolute discretion);
(b) three (3) nights’ accommodation for the Prize Travelers in a hotel in New York City (one (1) standard room), the room, hotel and other accommodation details to be selected by the Sponsor in its sole and absolute discretion (a valid major credit card or a cash deposit may be required to be presented upon check-in to the hotel);
(c) in the case of the Grand Prize for the dog category, two (2) tickets to the Westminster dog show, and in the case of the Grand Prize for the cat category, two (2) tickets to the Broadway Musical, "The Lion King"; and
(d) five hundred Canadian dollars ($500.00 CAD) in spending money.
14. Acceptance of a Grand Prize is subject to the following terms and conditions:
(a) If a Grand Prize winner’s guest is a minor, his/her parent or legal guardian must also sign a Consent and Release.
(b) The applicable Prize Travelers must work with the Sponsor, or a third party travel agent of the Sponsor’s choice, to schedule each Grand Prize trip.
(c) The Sponsor is not responsible for paying any other expenses or charges not included in the above description of the Grand Prize, including any ground transportation, meals, airport taxes, telephone, fax or cable charges, personal services and expenses such as laundry, valet and room service, gratuities, insurance and other incidental costs or expenses of the Prize Travelers related to their participation in or use of the Grand Prize.
(d) Each Grand Prize trip must take place between February 14 and February 17, 2015. Due to the nature of each Grand Prize, no alternative travel dates are available. No Grand Prize trip will be rescheduled or substituted once reserved. In the event that the Grand Prize winner is unable to take the Grand Prize trip during this time, he or she will have forfeited the Grand Prize and the Grand Prize winner will not be provided with a substitute or cash equivalent.
(e) The Prize Travelers will be responsible for obtaining all the necessary medical approvals (including inoculations), administrative documents (including passports and visas) and any permits/authorizations required for, and for complying with all laws and regulations relating to, the Grand Prize trip. The Sponsor shall not be held liable in the event that any of the Prize Travelers are unable to benefit from the Grand Prize, or any part thereof, because of having failed to complete or comply with such requirements.
(f) The Sponsor shall not be held responsible if a force majeure or other factor beyond its reasonable control prevents the Grand Prize or any part of the Grand Prize from being fulfilled. In any such event, the Grand Prize winner will not be provided with a substitute or cash equivalent for the Grand Prize, or any such part of the Grand Prize.
(g) The Sponsor makes no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Grand Prize. The Prize Travelers assume full responsibility for any and all damages, losses or injuries of any kind that may arise while participating in and making use of the Grand Prize, including all related travel.
(h) The Sponsor is not a travel agency or a transportation company, and it cannot guarantee the Prize Travelers against any damage, loss, harm or inconvenience which might be suffered by them in the context of the Grand Prize trip. The Prize Travelers are responsible for having all necessary insurance coverage for all such damages, losses, harm and inconvenience as well as full insurance coverage for health, accident, repatriation and personal liability. Proof of insurance may be requested to obtain the Grand Prize.
15. The approximate retail value of each Grand Prize is three thousand Canadian dollars ($3,000 CAD) based on a Toronto departure. The approximate odds of winning a Grand Prize depend on the total number and caliber of eligible entries received by the Contest Closing Time. The approximate retail value of the Grand Prize corresponds to the estimated price including tax at the date on which these Rules were drawn up, based on a Toronto departure. It is provided as a guide only and may vary depending on the date of booking, departure city, date of travel and changes in exchange rates. The Grand Prize winner will not be entitled to the difference, if any, between the actual and approximate retail value.
16. There are a total of twenty-four (24) secondary Prizes (each, a "Secondary Prize") available to be won at the outset of this Contest, twelve (12) for the entries in the dog category and twelve (12) for entries in the cat category. Each Secondary Prize for entries in the dog category consists of twelve (12) coupons, each redeemable for a free 8.16 kg bag of Pro Plan® dry dog food, subject to the coupon terms and conditions. Each Secondary Prize for entries in the cat category consists of twelve (12) coupons, each redeemable for a free 3.18 kg bag of Pro Plan® dry cat food, subject to the coupon terms and conditions. The approximate retail value of each Secondary Prize is four hundred and fifty Canadian dollars ($450.00 CAD). The approximate odds of winning a Secondary Prize depend on the total number and caliber of eligible entries received during the applicable Weekly Period (as defined below). The total number of Secondary Prizes available to be won will decrease throughout the Contest Period as Secondary Prizes are claimed.
General Prize Rules
17. Limit of one (1) Grand Prize and one (1) Secondary Prize per person.
18. All amounts and costs related to any Prizes, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a Prize.
19. A person eligible to win a Prize must accept the Prize as awarded and may not transfer such Prize or substitute or exchange for, or apply the Prize’s value towards, cash or a higher cost or alternative prize. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a Prize or for any other reason whatsoever.
How Prizes are Awarded
Voting During Weekly Periods and Secondary Prizes
20. The Contest Period is divided into six (6) weekly periods (each, a "Weekly Period"):
(a) Weekly Period 1 begins October 27, 2014 at 10:00:00 AM EST and ends November 2, 2014 at 11:59:59 PM EST.
(b) Weekly Period 2 begins November 3, 2014 at 12:00:00 AM EST and ends November 9, 2014 at 11:59:59 PM EST.
(c) Weekly Period 3 begins November 10, 2014 at 12:00:00 AM EST and ends November 16, 2014 at 11:59:59 PM EST.
(d) Weekly Period 4 begins November 17, 2014 at 12:00:00 AM EST and ends November 23, 2014 at 11:59:59 PM EST.
(e) Weekly Period 5 begins November 24, 2014 at 12:00:00 AM EST and ends November 30, 2014 at 11:59:59 PM EST.
(f) Weekly Period 6 begins December 1, 2014 at 12:00:00 AM EST and ends December 7, 2014 at 11:59:59 PM EST.
21. Visitors to the Website will be entitled to vote on the eligible Videos posted to the Website during the Contest Period. Maximum of one (1) vote per Video per person per day.
22. Any attempt by any voter to obtain more than the specified number of votes by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that voter’s votes and to disqualify the related entries and/or entrant from the Contest. Votes by any means which subvert the voting process will be void and will entitle the Sponsor, in its sole and absolute discretion, to disqualify the related entries and/or entrant from the Contest. Individuals may encourage other individuals to vote for any entry (for example, through various social media sites and platforms). However, no form of incentive, inducement, prize or chance of receiving any incentive, inducement or prize may be offered to any individual as part of such encouragement in furtherance of receiving such individual’s vote for any entry (including any use of any vote-sharing websites or social media pages). Any individual determined by the Sponsor, in its sole and absolute discretion, to be engaging in such behaviour will be disqualified and the corresponding votes, entry and/or entrant are subject to disqualification in the sole and absolute discretion of the Sponsor.
23. The entries associated with the ten (10) eligible Videos for each of the dog and cat categories that receive the highest number of votes during a Weekly Period will be the finalists for that Weekly Period (the "Weekly Period Finalists").
24. At the end of each Weekly Period, a judging panel consisting of representatives of the Sponsor and/or its advertising agencies, the composition of which is to be determined by the Sponsor in its sole and absolute discretion (the "Judging Panel"), will judge the Weekly Period Finalists from that Weekly Period based on a combination of the following criteria: (a) the number of votes received; (b) visual appeal; (c) expressiveness; and (d) consistency with the Pro Plan brand. The Judging Panel will carry out the judging process according to the foregoing criteria, evaluated in its sole and absolute discretion, following the close of each Weekly Period until approximately 2:00 PM EST on the Tuesday following the end of that Weekly Period. At that point, the Judging Panel will select the two (2) best Weekly Period Finalists from the dog category from that Weekly Period and the two (2) best Weekly Period Finalists from the cat category from that Weekly Period (each, a "Weekly Period Winner"). Each Weekly Period Winner shall be a potential winner of a Secondary Prize, subject to these Rules (including the verification and skill-testing question requirements).
25. Videos submitted in one Weekly Period will be eligible entries in that Weekly Period and in any subsequent Weekly Periods, but Votes submitted in one Weekly Period will not carry over to subsequent Weekly Periods. Notwithstanding the foregoing, once any Video depicting a pet is selected as a Weekly Period Winner, that Video will not be eligible to be selected as a Weekly Period Winner in subsequent Weekly Periods.
Grand Prize Selection
26. At the conclusion of the Contest Period, the Judging Panel will again judge the Weekly Period Winners based on a combination of the following criteria: (a) the number of votes received; (b) visual appeal; (c) expressiveness; and (d) consistency with the Pro Plan brand. The Judging Panel will carry out the judging process according to the foregoing criteria, evaluated in its sole and absolute discretion, following the close of the Contest Period until approximately 2:00 PM EST on December 9, 2014. At that point, the Judging Panel will select the best Weekly Period Winner from the dog category and the best Weekly Period Winner from the cat category. Each such Weekly Period Winner selected shall be a potential winner of a Grand Prize, subject to these Rules (including the verification and skill-testing question requirements).
Prize Winner Notification
27. Each potential winner of a Prize will be notified initially by phone beginning within five (5) days of the date on which his/her entry was selected as a potential winner. If the Contest Administrator is unsuccessful in its attempts to reach and speak directly with a potential winner by phone after three (3) attempts over a seven (7) day period to the phone number(s) listed in that potential winner’s Entry Form, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize. The potential winner will then receive official notification via email or certified or overnight mail delivery.
Declaration and Release and Skill-Testing Question
28. Before being confirmed as a winner of a Prize, each potential winner must complete and return, within ten (10) days of date of receipt, a Declaration and Release Form (the "Declaration and Release"), which (among other things):
(a) confirms compliance with these Rules;
(b) acknowledges acceptance of the Prize as awarded;
(c) releases the Contest Entities and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the "Releasees") from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
(d) confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, 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 whatsoever, including print, broadcast or the internet.
29. Further, prior to being confirmed as a winner of a Prize, each potential winner must also correctly answer a mathematical skill-testing question contained in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
30. If a potential winner fails to return the properly executed Declaration and Release within the specified time period, Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
31. If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she will be disqualified and an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
32. Upon satisfaction of all requirements of these Rules, including receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
34. By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest, subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
35. Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
36. The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a Prize, the processing of entries or in the selection or announcement of a Prize or Prize winner.
37. Each entrant must submit an entry and participate in the Contest on his/her own behalf. Any entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address or name will be disqualified and ineligible to claim any Prize.
38. Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any Entry Form that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
39. In the event of a dispute as to any entry, the authorized account holder of the email address included in the Entry Form for that entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All entries received become the property of the Sponsor and will not be returned or acknowledged.
40. The sole determinant of the time of receipt of an entry for the purposes of determining the eligibility of that entry shall be the Sponsor or Contest Administrator's computer or server.
41. By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
(a) releases and agrees to defend and indemnify the Releasees from and against any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any Prize or participation in prize-related activities (including but not limited to activity related thereto);
(b) agrees not to make any claim against any of the Releasees, or against any third party that may result in a claim against any of the Releasees, in respect of any matter in any way relating to or arising in connection with the Contest; and
(c) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
42. The Releasees shall not be liable to Prize winners or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
43. Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable, to cancel, modify, suspend or terminate the Contest and to modify these Rules at any time without notice, for any reason, including without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
(a) fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
(b) a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest;
(c) there is any accident or printing, administrative or other error of any kind related to the Contest.
In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
44. Subject only to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable, the Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical 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.
45. The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant or user of the Website to participate in the Contest or use the Website.
46. 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 Entry Form, the French version of these Rules and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
47. Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
48. If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
49. Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, 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.
50. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
51. A copy of these Rules is available on the Website. If you have any questions regarding the Contest, or if you would like a list of the Contest winners once they are named, please contact the Sponsor through its contact information on the Website.
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