“SUN, FUN AND FRUITÉ®” CONTEST OFFICIAL RULES
1.1 The “Sun, Fun and Fruité®” contest (the “Contest”) held by A. Lassonde Inc. (the “Sponsor”) begins on May 1st, 2018 at 10:00:00 a.m. (EDT) and ends on November 1st, 2018 at 4:00:00 p.m. (EDT) (the “Contest Period”).
2.1 This Contest is open to residents of Canada only. To be eligible to participate in the Contest, a Participant must (i) be a natural person, (ii) be a legal resident in his or her province or territory, and (iii) be at least 14 years old at the time of registration in the Contest (a “Participant”).
2.2 Employees of the Sponsor and of its partners, affiliates, promotion agencies, representatives and agents and parties involved in the development, production and distribution of material related to this Contest, and any person which whom such persons resides and any member of his or her immediate family are not eligible to participate in the Contest. For the purposes of these Rules, “immediate family” shall include father, mother, brother(s), sister(s), children, husband, wife or partner of such person, whether or not they reside in the same household.
3.1 No purchase necessary. To enter, a Participant must go to the Contest website at the following address www.fruite.ca/en/contest (the “Contest Site”), fill in a registration form online and validate it as indicated below (the “Participation Ballot”).
3.2 To complete a Participation Ballot, a Participant must indicate:
(a) full name, email address, complete postal address and phone number in the designated fields;
(b) a promo code, which can be found behind the label of Participating Products (as defined below) (a “Code”) or submitted by the Sponsor in accordance with paragraph 3.3, in the designated field;
(c) a confirmation that the Participant is at least 14 years old or older by checking the corresponding box; and
(d) acknowledging that he or she has read and accepted the terms and conditions of the Rules by checking the corresponding box.
All of the fields on the Participation Ballot must be completed, unless the information is indicated as being optional. Any Participation Ballot received outside the Contest Period or any Participation Ballot on which the required information is incomplete or inaccurate may be declared ineligible to the Contest. The Sponsor reserves the right to request proof of identity or of eligibility to the Contest at any time and at its sole discretion. No limit on number of entry to the Contest. Each Code is unique and can only be used once (1) during the Contest Period and only by one (1) Participant. The Sponsor reserves the rights, at its sole discretion, to disqualify any individual who contravenes or attempts to contravene these Rules. Automated entries are prohibited, and any use, whether direct or indirect, of automated devices will cause immediate disqualification of the Participant and its accomplices, and the Sponsor reserves all of its rights and recourses against the user of such automated devices and its accomplices.
3.3 A Participant that does not have a Code in order to complete a Participation Ballot can: (i) write an email at the following address: firstname.lastname@example.org or (ii) send a letter in a self-addressed postage-paid envelope addressed to the Sponsor’s “Marketing Department” located at 170, 5th Avenue, Rougemont, Quebec, J0L 1M0 (before October 8th, 2018 for timely processing and return), to ask the Sponsor to provide him/her with one (1) Code and to explain in a short 50 words text the reasons why she/he thinks he/she should win one of the Grand Prizes (a “Submission”). A Participant may not send more than one (1) Submission during the entire Contest Period and a maximum of one (1) Code per Participant, per postal address, and per email may be granted using this method of participation during the entire Contest Period. Participants submitting a Submission should expect a short delay for the Sponsor to provide a Code to them. Submissions that are sent too close to the end of the Contest Period, not allowing sufficient time to the Sponsor to answer and provide a Code before the end of the Contest, will not be processed.
3.4 Any Submission received outside the Contest Period or missing any of the required information or elements described herein may be declared ineligible to the Contest.
3.5 The Sponsor suggests that Participants who do not have Internet access inquire with public libraries or visit any other public space providing free internet in order to submit a Participation Ballot or a Submission in the manner set forth in this section 3 of the Rules.
3.6 The participating products for the purpose of this Contest are the specially marked Fruité® 2L drinks (collectively the “Participating Products”).
4.1 Grand Prize Winner
(a) Three (3) finalists for the Grand Prizes (as defined below) (the “Finalists”, each a “Finalist”) will be selected during a random draw among all eligible Participation Ballots received in accordance with these Rules (the “Draw”).
(b) The Draw will be held on November 5th, 2018, at Solution With Impact’s offices (369 Eglinton Ave West, Toronto ON M5N 1A3), at approximately 10:00:00 a.m. (EDT). Odds of winning the Grand Prize depend on the number of eligible Participation Ballots received.
(c) Each of the Finalists will be notified by e-mail or telephone within five (5) days following the date he/she is selected as a Finalist. In the event a Finalist does not return the telephone call or does not respond to the e-mail sent by the Sponsor’s representative within a period of five (5) days following the first contact, this Finalist will be disqualified and the Sponsor will have the right, at its sole discretion, to select a new Finalist or to cancel the award of said Grand Prize (as defined below).
(d) The Sponsor will send each Finalist a declaration and release form (the “Declaration and Release Form”) whereby the Finalist acknowledges and confirms that these Rules have been complied with and that the Sponsor and any organisation participating in the award of the Grand Prizes or the Contest and their respective employees shall have no liability for any harm, accident, loss or prejudice related to the Contest, the Grand Prizes or the award or use of the Grand Prizes. The Declaration and Release Form will include a mathematical skill-testing question. The Guests (as defined below) will also have to sign a Declaration and Release Form.
(e) In order to be declared a Grand Prize winner (each a “Grand Prize Winner”, collectively the “Grand Prize Winners”), a Finalist must correctly answer the mathematical skill-testing question without any assistance whatsoever (including mechanical assistance) and will have to sign and return the Declaration and Release Form within three (3) days after such Declaration and Release Form has been sent by the Sponsor to the Finalist, as set out in these Rules. Otherwise, the Grand Prize will be deemed to be forfeited by the Finalist and the Sponsor will have the right, at its sole discretion, to select another Finalist as set out in this Section 4.1 or cancel the award of the Grand Prize.
(f) If a winner is under the age of eighteen (18), his/her parent or legal guardian must accept the Grand Prize on his/her behalf.
(g) The Sponsor will contact the Winners within thirty (30) days following the Sponsor’s receipt of the Declaration and Release Forms duly completed and signed by all Winners to arrange bookings. Reservations are subject to availability and the restrictions indicated in Section 5.1 below.
5.1 Grand Prize
(a) Three (3) grand prizes (the “Grand Prizes”, each a “Grand Prize”) will be awarded in this Contest. Each Grand Prize consists one (1) trip to Universal Orlando ResortTM for up to four (4) people and includes:
i. round trip coach class air transportation for up to four (4) people from the major airport closest to Grand Prize Winner’s home (as determined by the Universal Orlando in its sole discretion) to Orlando, Florida;
ii. non-exclusive ground transfers to/from the airport in Orlando, Florida and to/from the hotel and Universal Orlando ResortTM;
iii. hotel accommodations at Loews Sapphire Falls Resort (or at another on-site hotel as determined by Universal Orlando in their sole discretion) for up to four (4) people in a maximum of one (1) room (quadruple occupancy, room and tax only) for four (4) consecutive days and three (3) nights;
iv. 3-Day 3-Park Park-to-Park admissions for up to four (4) people to Universal Studios FloridaTM, Universal’s Islands of AdventureTM and Universal’s Volcano BayTM;
v. admission for up to four (4) people to attend one (1) performance at Blue Man Group (exact time and date to be determined by the Universal Orlando in its sole discretion);and
vi. CAD $1,000.00 in spending money for personal expenses during the trip (provided to winner in the form of a check issued by Sponsor).
(b) The total approximate retail value of each Grand Prize varies depending on departure dates and/or the destination chosen but is estimated at CAD $6,383.40 in total, including applicable taxes. Any difference between the final value and the stated value will not be awarded.
(c) Flights may include multiple segments, ie. connecting flights. Winner and Guests must travel at the same time and must depart from the same city
(d) The following restrictions and blackout dates shall apply:
i. Travel dates are subject to Sponsor and Universal Orlando approval and reservations must be made at least two (2) months prior to the departure date;
ii. Accommodations are subject to room availability at the hotel selected by Universal Orlando; and
iii. All travel is subject to availability of dates and to other blackout dates or other restrictions dictated by airline and/or hotel selected by Universal Orlando.
(e) The Grand Prize Winner and his/her Guest (as defined below) must reside in Canada and have the legal right to leave Canada and to return to Canada and must have the legal right to enter and leave the destination country to which they are bound. They are fully responsible for obtaining, at their own expense, all documentation necessary for the trip as required by the authorities concerned, including, but not limited to, visas, passports, vaccinations, and certificates. These shall be obtained prior to departure. Failing to provide the required documents may result in denied boarding by the air carrier and/or immigration authorities. Neither Sponsor nor Universal Orlando is responsible or liable in that regard.
(f) A Grand Prize Winner may choose up to three (3) guests that are natural persons and legally residing in their province/territory of residence (the “Guests”, each a “Guest”). Guests that have not reached the age of eighteen (18) at the time of using the Grand Prize, if any, must be accompanied (as one of the other allotted Guests) by a parent or legal guardian, who have reached the age of majority in their province/territory. If a winner is under the age of twenty-one (21), at least one of his/her Guests must be an adult, who is twenty-one (21) or older, in order to check in to the on-site hotel. The Guests must travel with the Grand Prize Winner.
(g) Each Grand Prize must be used no later than November 30, 2019 or it will be forfeited. Travel arrangements must be made through Universal Orlando. Reservations are subject to availability and the terms and conditions of Universal Orlando and its designated travel providers. Once booked, reservations cannot be modified. If it is impossible for a Grand Prize Winner and his/her Guests to travel on the dates set forth under these Rules, the Grand Prize will be awarded to another Participant, in the manner set forth in Section 4.1 (c), or will otherwise be completely cancelled, at the Sponsor’s sole discretion. Each Grand Prize Winner and each Guest must comply with applicable laws and regulations when using the Grand Prize.
(h) The following expenses are excluded from the Grand Prize and are the sole responsibility of the Grand Prize Winners and the Guests:
i. Transportation between the place of residence of the Grand Prize Winners (and the place of residence of the Guests) to the closest Canadian airport chosen by Universal Orlando for departure to Orlando, Florida;
ii. Parking fees for the Grand Prize Winners’ and the Guests’ vehicle(s) at the airport for the duration of the trip;
iii. Lodging, other than as set out in the description of the Grand Prizes;
iv. Any meals, snacks or food items;
v. All other expenses which are not specifically included in the description of the Grand Prize, including, but not limited to, personal items and expenses, travel insurance, passport and visa fees, medical services, service charges and telephone, facsimile, cable, cleaning, room service and valet service fees and gratuities, tips, alcohol, any optional activities (tours, sightseeing, etc.) not specifically identified in the Grand Prizes’ description, fees for baggage or upgrades or seat selection/reservation.
6.1 By entering the Contest, each Participant consents to the collection, use and disclosure by the Sponsor or its authorized agents of the Participant’s personal information provided through the Participation Ballot or Submissions for the purpose of carrying out the Contest and delivering the Grand Prizes. Once submitted, the Participation Ballots and Submissions become the exclusive property of the Sponsor and will not be returned.
6.2 The personal information may be transferred to third parties that are retained by the Sponsor to perform storage, management and other similar functions, subject to the laws applicable to the protection of personal information and the Sponsor’s internal policies regarding personal information. Files containing personal information will be kept at the Sponsor’s or its service provider’s offices or on its servers, and employees who require access to personal information in order to fulfil their job duties will have access to these files. To the extent provided by applicable law, the individuals concerned may request access to the file containing their personal information and the correction of such information by contacting the Sponsor c/o Marketing Department of A. Lassonde Inc. at 170, 5th avenue, Rougemont (Québec) J0L 1M0.
6.3 By accepting a Grand Prize, each of the Grand Prize Winner and the Guests grants the Sponsor the right to, in any way in relation with the Contest, its promotion or its organization, produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, disseminate, adapt, use and reuse his or her name, address (city, province/territory), voice, declarations, image, photos or other representations or recordings for publicity purposes using any media and in any format, including, without limitation, on the Internet, without any notice or compensation, and the Grand Prize Winners and the Guests may be required to sign a document to this effect.
6.4 In the course of conducting this Contest, the Sponsor will acquire certain personal information as submitted by persons seeking to enter the Contest. If any such person chooses to “opt into” receiving future communications from the Sponsor, the Sponsor from time to time will send that person email notifications of other contests, products, news and other matters which the Sponsor deems is of public interest. A person can ask the Sponsor to remove his/her name from that emailing list by contacting the Sponsor.
6.5 If any such person declines to “opt into” receiving further communications from the Sponsor, the Sponsor will use his/her personal information only for the purpose of conducting and administering this Contest and delivering the Grand Prizes. In that case, the Sponsor, unless prohibited by law from doing so, will destroy that personal information upon the expiration of two (2) years after delivery by the Sponsor to the Grand Prize Winner of the Grand Prize.
7.1 The Sponsor reserves the right to cancel any Participation Ballots or Submissions containing errors. The Participation Ballots or Submissions which have been tampered with or have been deteriorated, modified, falsified, reproduced or obtained illegality will not be eligible. Without limiting the generality of the exoneration set forth in Section 9.1, it is understood that the Sponsor and any organization participating in the management of the Contest or in the delivery of the Grand Prize, and their respective representatives and employees, will not be responsible: (i) for Participation Ballots or Submissions that are ineligible, incomplete, modified, lost or delivered late or to the wrong address, which Participation Ballots/Submissions shall be deemed null (ii) for any information which is insufficient or incorrect related to the users of the Contest Site or of the equipment or program used in the context of the Contest, or of a technical or human error which could occur when the forms or ballots are being processed; (iii) for Participation Ballots/Submissions that are stolen, destroyed, tempered with, accessed without authorization or altered; (iv) for problems or technical malfunction related to networks, telephone lines, online computer systems, servers or access providers, computer equipment and software, viruses or bugs; (v) for the Sponsor not being able to receive or send an electronic message or email, for any reason whatsoever, including traffic congestion on the internet or on any website or both; (vi) for damage caused to the Participant’s or another person’s computer system or equipment as a result of participating in, uploading or downloading material in relation to the Contest. The use of automated systems is prohibited.
8.1 By entering the Contest, each Participant agrees to be bound by these Rules, available on the Contest Site throughout the Contest Period. The Sponsor reserves the right to modify these Rules without notice, provided it has obtained the required approvals from the Régie des alcools, des courses et des jeux du Québec.
8.2 Subject to the foregoing, the Sponsor may change as well as partially or completely terminate the Contest at any time if, at its sole discretion, the Sponsor believe that the Contest is not taking place as expected for any reason whatsoever, including because of fraudulent manipulation, destruction, loss or theft of the Participation Ballots/Submissions or any other problem which could jeopardize the fairness or integrity of the Contest.
9.1 By entering or attempting to enter the Contest each Participant or potential Participant agrees to:
(a) forever exonerate, release and hold harmless the Sponsor, Universal Orlando, prize suppliers and any other party involved in the management of the Contest and their respective administrators, directors, employees, shareholders, agents and other representatives, parent-company and affiliates from any and all claims, actions, damages, demands, courses of action, causes of actions, or responsibility of any kind whatsoever resulting from or related to the participation or attempted participation in the Contest, the compliance or non-compliance with these Rules, the acceptance, possession, use or abuse of the Grand Prize or any activity related to the Grand Prize; and
(b) completely indemnify the Sponsor, Universal Orlando, prize suppliers and any other party involved in the management of the Contest and their respective administrators, directors, employees, shareholders, agents and other representatives, parent-company and affiliates for any third party claims related to this Contest or to any violation of these Rules by the Participants or by the Guests or any activity related to the Grand Prize, without limitation.
9.2 No communication or correspondence will be exchanged with Participants, other than Participants who have been selected as a Finalist.
9.3 The Sponsor reserve the right, at its sole discretion, to exclude from the Contest and any other contest or future promotion offered by the Sponsor any Participant who does not comply with these Rules. The Rules are available at the Contest Site.
9.4 The Grand Prizes must be accepted as is, cannot be transferred and is without substitution in cash or otherwise, except if agreed to by the Sponsor. The Sponsor reserves the right at its entire discretion to substitute a prize of equivalent value if the Grand Prizes cannot be awarded as provided for by these Rules. Any portion of a Grand Prize that is not accepted or used by a Grand Prize Winner will be deemed forfeited. The Grand Prizes cannot be exchanged, transferred or substituted for cash. Neither the Sponsor nor Universal Orlando warrant, either implicitly or expressly, the safety, appearance or performance of the Grand Prizes or any activity related to the Grand Prizes. Each of the Grand Prize Winners does not have any recourse against the Sponsor or Universal Orlando for any warranty related to the Grand Prizes in any circumstance whatsoever. The Sponsor and Universal Orlando will in no way be liable for any event which leads to the Grand Prizes being annulled or for events beyond its control which lead to the Grand Prizes or part of the Grand Prizes not being awarded. Neither the Sponsor nor Universal Orlando shall assume responsibility of any nature whatsoever for any postponement, delay, or cancellation of the flights or any component of the trip or of any transportation which is part of the Grand Prizes, for any reason whatsoever, including, but not limited to, weather conditions, equipment breakdown or failure. No frequent flyer miles will be available or awarded.
9.5 In the event of a dispute related to the person who validated a Participation Ballot or submitted a Submission online, such Participation Ballot or Submission will be deemed to have been validated (i) by the authorized account holder of the electronic address submitted at the time the Participation Ballot was validated or (ii) by the holder of the of the electronic address from which the Submission was sent in the case of a Submission. For the purpose of these Rules, “authorized account holder” shall mean the physical individual who has been assigned an electronic address by an Internet access provider, Internet service provider, or any other organization responsible for assigning electronic addresses for the domain related to the electronic address at issue. The selected Participant may be required by the Sponsor to provide proof that she or he is the authorized account holder of the electronic address (i) indicated on the Participation Ballot at issue or (ii) from which the Submission at issue was sent.
9.6 The Sponsor reserves the right, at its sole discretion, to exclude from the Contest and any other Contest or future promotion organized by the Sponsor, any person guilty or suspected of being guilty of having tampered with the treatment of the Participation Ballots, Submissions, the Contest process or the Contest Site, of having violated these Rules or having acted in a disloyal manner or in a manner which adversely affects or is intended to disturb, abuse, threaten or harass another person. a participant or any other person who attempts to deliberately damage the contest site or any other website or hinder the legitimacy of the Contest process commits criminal and civil OFFENCES and the Sponsor reserves the right, in such case, to CLAIM DAMAGES TO THE EXTENT PERMITTED BY LAW.
9.7 In the case of a discrepancy between the French version and the English version of these Rules, the English version will take precedence.
10.1 All intellectual property covering the promotional material and the Contest Site are the exclusively property of the Sponsor or its affiliates or licensors. All rights are reserved. Unauthorized copyright or use of any copyright material or intellectual property without the express written consent of its owner or holder is strictly prohibited. All trademarks are the property of their respective owners.
10.2 Universal City Development Partners, Ltd. doing business as Universal Orlando ResortTM (“Universal Orlando”) is a prize supplier only in this Contest; is not a sponsor of this Contest; is not responsible for the administration of the Contest, the collection of the entries or the conduct of the draws; and is completely released of all liability by each Participant in this Contest. Any questions, comments or complaints regarding the Contest should be directed to Sponsor and not Universal Orlando.
11.1 The Contest is neither managed nor sponsored by Facebook or Instagram. The participant provides its personal information to the Sponsor and not to Facebook or Instagram. Facebook and Instagram will not be liable in any way for any issue related to the Contest.
12.1 These are the official Rules for the Contest. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. These Rules may be modified without notice including without limitation in order to render them compliant with federal, provincial or municipal laws or with the policies of an entity having jurisdiction over the Sponsor.
12.2 Notwithstanding the foregoing, all disputes arising out of or relating to any person’s use of, or participation in, any portion of the Grand Prize itself supplied by Universal Orlando shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
13.1 Any dispute 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 dispute respecting the award of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
14.1 Within thirty (30) days following the Draw, the Sponsor will publish the name of the Grand Prize Winners on the Contest Site for a period of at least thirty (30) days.
Individuals participating in the Contest acknowledge having read and accepted these Rules and agree to comply with them.