FROOT Loops* CANADA’S 150TH BIRTHDAY Contest
FULL CONTEST RULES
(the “Contest Rules”)
THIS CONTEST IS FOR LEGAL RESIDENTS OF CANADA ONLY WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVINCE/TERRITORY OF RESIDENCE. See below for additional eligibility requirements.
HOW TO ENTER
- The Froot Loops* Canada’s 150th Birthday Contest (the “Contest”) commences at 12:00:01 AM EST on March 15, 2017 and concludes at 11:59:59 PM EST on October 31, 2017 (the “Contest Period”). The time at which the Contest concludes is referred to in these Contest Rules as the “Contest Closing Time”.
- To enter the Contest go to frootloopscanada150.ca (the “Website”) and follow the online instructions to complete and submit an official online entry form and provide a PIN Code found inside specially marked packages of Froot Loops* Birthday Cake cereal available at participating retailers across Canada while supplies last. To submit an entry form, you must confirm that you have read and agree to the Contest Rules.
- NO PURCHASE NECESSARY: To obtain a Froot Loops* PIN Code without purchase, send a request for one, together with a self-addressed postage-paid envelope, to: Froot Loops* Canada’s 150th Birthday Contest, P.O. Box 4099, Paris, Ontario, N3L 3W9. A PIN Code and a copy of the Contest Rules will be returned in each self-addressed, postage-paid envelope received, while supplies last. Only one request can be made per external envelope. Requests must be received by October 15, 2017 at the above address for timely processing and return; any requests received after such date will not be processed.
- The Contest is open to legal residents of Canada only who have reached the age of majority in their Province/Territory of residence, excluding (a) employees, directors, officers, representatives and agents of (i) Kellogg Canada Inc., (the “Sponsor”) (ii) its advertising and promotional agencies, (iii) participating retailers, and (iv) the independent judging organization (defined below as the Contest Management Organization), and (b) all persons with whom those in (a) are domiciled. An entrant must meet the eligibility criteria set out in these Contest Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner). Without limiting any other provision of these Contest Rules, an entrant will not be confirmed a winner until the completed and signed Instant Win Prize Claim Form is received at the address, and within the time period, set out in paragraph 15 of these Contest Rules (see below for details respecting Instant Win Prize Claim Form and other Contest requirements).
- The Sponsor reserves the right to require proof of eligibility, which proof shall be in the form required by the Sponsor.
PRIZES AND ODDS OF WINNING:
- There is one (1) Instant Win Prize available to be won at the outset of this Contest. One (1) PIN Code is randomly seeded as a potential Instant Win Prize winning code amongst all participating PIN Codes. At the outset of this Contest, the approximate odds of winning an Instant Win Prize are approximately 1 in 282,700.
- The Instant Win Prize consists of: one (1) trip for the winner and three (3) guests to any destination in Canada, with an approximate retail value (“ARV”) of up to Ten Thousand Canadian Dollars ($10,000.00 CDN) (“Instant Win Prize”). Instant Win Prize will be planned in conjunction with the Sponsor’s designated agent, and must include economy airfare and accommodations for the winner and three (3) guests. All aspects of the Instant Win Prize are at the sole and absolute discretion of the Sponsor. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded.
Without limiting the generality of the foregoing, the following general conditions apply to the Instant Win Prize: (i) Instant Win Prize must be accepted as awarded and is not transferable, assignable and/or 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 Instant Win Prize must occur within one (1) year of winner notification (otherwise the Instant Win 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 guests must travel on the same itinerary; (v) the costs of everything not specifically and expressly stated as included in the Instant Win Prize are the sole and absolute responsibility of the confirmed winner and his/her guests, and could include, without limitation: spending money, meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed winner and his/her guests to and from the Canadian airport selected by the Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed winner and/or his/her guests 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) if the confirmed winner and/or his/her guests do not utilize any part(s) of the Instant Win Prize, then any such part(s) not utilized 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 Instant Win Prize or any component thereof; and (b) substitute the Instant Win Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (viii) all travel arrangements relating to the Instant Win Prize must be made through the Sponsor or its designated agents; and (ix) by accepting the Instant Win Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Instant Win Prize or a component thereof does not prove satisfactory, either in whole or in part (including, without limitation, any travel related thereto).
None of the Released Parties (defined in section 26) make any representation or offers any warranty, express or implied, as to the quality or fitness of the Instant Win Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner and his/her guests understand and acknowledge that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should the Instant Win Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Instant Win Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Instant Win Prize or a component thereof does not prove satisfactory, either in whole or in part
HOW PRIZE IS AWARDED
- Enter the Contest by following the online instructions on the Website and entering a valid PIN Code found inside specially marked packages of Froot Loops* Birthday Cake One (1) chance to win per PIN Code. Upon entering you will be informed whether you have potentially (pending PIN Code verification, skill testing question and compliance with these Contest Rules) won the Instant Win Prize. If your entry does not entitle you to the Instant Win Prize, you will receive a message which states: “Sorry you did not win the Instant Win Prize, please try again”. If your entry entitles you to potentially win the Instant Win Prize (pending PIN Code verification, skill testing question and compliance with these Contest Rules), a message will appear which states: “Congratulations. You have been selected to win”. Please retain the potentially winning printed PIN Code from the product packaging; due to possible program or computer errors you are not automatically a winner until the PIN Code is verified. The Instant Win Prize will be awarded based on PIN Code as stated above. At the outset of the Contest, the overall odds of winning the Instant Win Prize are approximately 1 in 282,700. If the Prize has been claimed during the Contest Period, the Contest website will display a message stating that the Contest has been closed.
- If your PIN Code is potentially the winning PIN Code, you will be notified by phone or e-mail to confirm eligibility within fourteen (14) days of the Instant Win Prize notification.
- Prior to being declared a winner, a Prize Claim Form will be e-mailed to you for completion (see below for details regarding the Prize Claim Form and the skill-testing question requirement).
- If the Instant Win Prize entrant cannot be contacted within fourteen (14) days of the Instant Win notification (including, where an e-mail is sent, if a response is not received within such fourteen (14) day period), or if the Instant Win Prize entrant is ineligible or does not comply with the Contest Rules, such entrant will have forfeited his/her opportunity to win an Instant Win Prize, and the Instant Win Prize will be forfeited and will go unawarded.
- If the Instant Win Prize is unclaimed at the end of the Contest Period, the Instant Win Prize will go unawarded. All PIN Codes are null and void after the Contest Closing Time.
- Prior to being declared the winner of the Instant Win Prize, the potential winner must first correctly answer the mathematical skill-testing question on the Prize Claim Form, without the assistance of another person and without any mechanical, electronic or other similar assistance such as a calculator or computer.
PRIZE CLAIM FORM
- Prize Claim Forms will include the following amongst other things: (i) a declaration that the winner meets the eligibility criteria and agrees to the Contest Rules; (ii) a publicity consent allowing the Sponsor and its advertising and promotional agencies to use the winner’s name, address, voice, likeness, biographical information and any comments about the Contest for publicity in any and all media; (iii) a mathematical skill-testing question; (iv) a liability release/waiver in the form required by the Sponsor; and (v) adult and minor guest waivers, to be completed by travel guests, or in the case of minor guests, their parent or legal guardian.
- Completed and signed Prize Claim Forms and the potentially winning printed PIN Code from the product packaging must be sent to: Froot Loops* Canada’s 150th Birthday Contest, P.O. Box 4099, Paris, Ontario, N3L 3W9. THE SIGNED PRIZE CLAIM FORM MUST BE RECEIVED AT THE ADDRESS INDICATED ABOVE NO LATER THAN 5:00 p.m. EST on November 14, 2017, OR INSTANT WIN PRIZE WILL BE FORFEITED. It is recommended that Prize Claim Forms be sent by registered mail with return receipt requested and that a photocopy of your completed Prize Claim Form be kept for your records. All Prize Claim Forms become the property of the Sponsor, and none will be returned.
- Prize Claim Forms obtained from unauthorized sources or which are illegible, mutilated, altered, forged, counterfeited or irregular in any way are void.
In connection with the Purposes, your information may be processed and stored in one or more jurisdictions outside Canada (which may include the United States), and may be subject to access by regulatory authorities in those jurisdictions.
- If an entrant becomes a winner of this Contest, his/her name, the fact that he/she is a winner of this Contest, his/her voice/statements and/or any photograph/likeness/video of him/her, may be used, without notice or compensation, in any subsequent publicity or advertising by or on behalf of the Sponsor relating to this Contest or any similar contests that may be conducted in the future by or on behalf of the Sponsor.
- No communications will be entered into except with the potential prize claimant.
- Any attempt by any participant to enter by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified at the discretion of the Sponsor or Contest Management Organization. Use of any automated system to participate is prohibited and will result in disqualification.
- All decisions in all matters relating to this Contest shall be made in the sole discretion of the Contest Management Organization and/or the Sponsor and all such decisions are final and binding on all entrants, subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable.
- The Sponsor’s computer or the computer of its designated advertising and promotional agency is the sole determinant of time of receipt of an entry. For clarity, if an entry is received at the Contest Closing Time, it is considered to be received by the Contest Closing Time for purposes of these Contest Rules.
- In the event of a dispute as to whose entry a potential winning entry is, the potential winner will be the person identified on the potential winning entry form as the entrant.
- Proof of sending (regardless of method of sending) is not proof of receipt by Sponsor, its advertising or promotional agency or the Contest Management Organization.
- The person eligible to win the Instant Win Prize in this Contest may not transfer such Instant Win Prize except as stated above, or substitute such Instant Win Prize for cash or otherwise and must accept such Instant Win Prize as awarded. Sponsor reserves the right in its absolute discretion to make substitutions of equivalent kind or value in the event of the unavailability of all or part of the Instant Win Prize for any reason whatsoever. Unclaimed Instant Win Prize will not be awarded.
- Except to the extent prohibited by applicable legislation, each entrant: (a) releases the Sponsor, the Contest Management Organization, its advertising and promotional agency, and their affiliates (including their respective successors and assigns), and all of their respective employees, directors, officers, agents and representatives (collectively, the “Released Parties”) from and against any and all claims and liability (including costs and expenses related thereto) in any way relating to or arising in connection with the Contest, and (b) agrees not to make any claim against any of the Released Parties, or any claim against any third party which may result in a claim against any of the Released Parties, in respect of any matter in any way relating to or arising in connection with the Contest. Without limiting the generality of the foregoing and except to the extent prohibited by applicable legislation, each entrant agrees that the Released Parties are not responsible for: (a) lost, stolen, late, damaged, destroyed, illegible, incomplete, improperly completed, misdirected or postage-due correspondence (including e-mail transmissions), Contest entries, Prize Claim Forms or PIN codes, as applicable; (b) any failure or slowdown of the Website or any failure or slowdown of any Contest programs or software supporting, connected to or related to the Contest; (c) any problem, technical malfunction or slowdown of or relating to any telephone network or lines, computer online systems, servers, access providers, equipment or software; (d) any faulty electronic data transmission; (e) any other difficulties of whatever nature in the conduct and administration of the Contest; (f) any injury or damage to an entrant or any other person or their computer or other property in any way relating to or arising in connection with participating in this Contest or downloading any material related thereto; and (g) any injury or damage caused in any way by use or misuse of the Instant Win Prize or any additional fees, taxes, or charges incurred as a result of acceptance, possession, or use of the Instant Win Prize.
- Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Québec, the Sponsor reserves the right to modify, cancel, suspend and/or terminate this Contest at any time and for any reason, without notice. In the event of Contest cancellation, any remaining prizes still to be won will, in the Sponsor’s sole discretion, be deemed expired and void and will be ineligible for Contest play, and, without limiting any other provision of these Contest Rules, the Released Parties shall not have any further liability with respect thereto. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Contest Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- The Sponsor may, in its sole discretion and without notice, terminate the right of any participant in the Contest or user of the Website to participate in the Contest or use the Website.
- Any attempt to deliberately damage or undermine the Website and/or the legitimate operation of this Contest is a violation of criminal and civil laws, and should such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
- All content on the Website is the property of the Sponsor or Kellogg Company and used under licence by the Sponsor. The Sponsor grants a limited license to each user of the Website for personal use only. Any non-personal use, including reproduction, modification, distribution, transmission or display, of the content on the Website is strictly prohibited. The Released Parties are not responsible for the availability or content of any other website to which the Website is linked.
- This Contest is subject to all applicable federal, provincial and municipal laws and regulations. Any dispute shall be adjudicated in the Courts sitting in Toronto, Ontario.
- In the event of any discrepancy or inconsistency between the terms and conditions of these English Contest Rules or other statements contained any Contest-related materials, including, but not limited to the French version of these Contest Rules, the terms and conditions of these English Contest Rules shall prevail, govern and control.
- For Québec 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.
- A copy of the Contest Rules is available by sending in a request for a copy, together with a postage-paid self-addressed envelope, to Froot Loops* Canada’s 150th Birthday Contest, P.O. Box 4099, Paris, Ontario, N3L 3W9, or online at frootloopscanada150.ca.
*© 2017, Trademark of Kellogg Company used under licence by Kellogg Canada Inc.