“FRUITÉ® CHALLENGE” CONTEST
1.1 The “Fruité® Challenge” contest (the “Contest”) held by A. Lassonde Inc. (the “Sponsor”) will be divided in two segments. The first segment of the Contest begins on July 10, 2017 at 10:00:00 a.m. (EDT) and ends on August 14, 2017 at 12:00:00 p.m. (EDT) and the second segment of the Contest begins on August 14, 2017 at 10:00:00 a.m. (EDT) and ends on September 5, 2017 at 12:00:00 p.m. (EDT) (collectively, 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 (“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/challengefruite (the “Contest Site”), vote for one of the influencers’ videos of its choice by clicking on the corresponding button (a “Vote”) and create an account as indicated below (an “Account”).
3.2 To create an Account, a Participant shall:
(a) indicate his or her last name, first name, email address, complete postal address and phone number in the designated fields;
(b) confirm that the Participant is at least 14 years old by checking the corresponding box;
(c) confirm that the Participant has read and accepted the terms and conditions of the Rules by checking the corresponding box.
All of the fields for the creation of an Account must be completed, unless the information is indicated as being optional. Any Account/Vote received or submitted outside the Contest Period or Account/Vote for which the required information is incomplete or inaccurate may be declared ineligible to the Contest. The Sponsor reserve the right to request proof of identity or of eligibility to the Contest at any time and at its sole discretion. The Sponsor reserve 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 reserve all of its rights and recourses against the user of such automated devices and its accomplices.
3.3 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 Vote and/or create an Account in the manner set forth in this section 3 of the Rules.
3.4 The submission of a Vote together with the creation of a valid Account (required only for the first Vote) equals to one (1) entry into the Contest and any subsequent Vote in accordance with these Rules also grant a Participant one (1) additional entry into the Contest (an “Entry”, collectively, the “Entries”).
3.5 Limit of one (1) Entry per day per Participant, per postal address, per email address and per IP address. Limit of one (1) Grand Prize per Participant.
4.1 Grand Prize Winners
(a) Two (2) finalists for the Grand Prizes (as defined below) (the “Grand Prize Finalists”, each a “Grand Prize Finalist”) will be selected during random draws among all eligible Entries received in accordance with these Rules.
(b) A first draw will be held on August 7, 2017 at approximately 3:00:00 p.m. (EDT) (the “First Draw”) and a second draw will be held on September 5, 2017 at approximately 3:00:00 p.m. (EDT) (the “Second Draw”, collectively with the First Draw, the “Draws”) at the offices of Lubie Inc. located at 85, Albert Street, Sherbrooke, Québec, J1H 1N1. Odds of winning a Grand Prize depend on the number of eligible Entries received throughout the Contest Period.
(c) The Grand Prize Finalists will be notified by e-mail or telephone within two (2) business days following the date they are selected as Grand Prize Finalists. In the event a Grand Prize 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 two (2) business days following the first contact, this Grand Prize Finalist will be disqualified and a second Grand Prize Finalist will be selected among all remaining eligible Entries. In the event the second Grand Prize 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 two (2) business days, the second Grand Prize Finalist will be disqualified and the Sponsor will have the right to select a third Grand Prize Finalist among all remaining eligible Entries. In the event the third Grand Prize 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 two (2) business days, such third Grand Prize Finalist will be disqualified and the Sponsor will have the right to select a fourth Grand Prize Finalist among all remaining eligible Entries. In the event the fourth Grand Prize 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 two (2) business days, the fourth Grand Prize Finalist will be disqualified and the Sponsor will have the right to select a fifth Grand Prize Finalist among all remaining eligible Entries, and if such fifth Grand Prize 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 two (2) business days, such third Grand Prize Finalist will be disqualified and the Sponsor will cancel the Grand Prize (as defined below).
(d) The Sponsor will send each of the Grand Prize Finalists a declaration and release form (the “Declaration and Release Form”) whereby each of the Grand Prize Finalists acknowledges and confirms that these Rules have been complied with and that the Sponsor and any organisation participating in the award of the Grand Prize or the Contest and its 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.
(e) In order to be declared a Grand Prize winner (a “Grand Prize Winner”, collectively the “Grand Prizes Winners”), a Grand Prize 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 two (2) business days after such Declaration and Release Form has been sent by the Sponsor to the Grand Prize Finalists, as set out in these Rules. Otherwise, a Grand Prize will be deemed to be forfeited by a Grand Prize Finalist and the Sponsor will have the right, at its sole discretion, to select another Grand Prize Finalist as set out in this Section 4.1 (c) or cancel the award of that Grand Prize.
(f) The Sponsor will communicate with each Grand Prize Winner by mail, email, phone, or by any other communication mean in order to deliver the Prizes to their respective Grand Prizes Winners within thirty (30) days following the Sponsor’s receipt of the Declaration and Release Form duly completed, signed submitted within delays by each Grand Prizes Winners.
5.1 Grand Prize
(a) Two (2) grand prizes (the “Grand Prizes”, each a “Grand Prize”) will be awarded in this Contest.
(b) The first Grand Prize consists of one (1) Fruité® gift set including :
i. Fifteen (15) Fruité® drinks of 300mL having an approximate retail value (“ARV”) of CAD$4.00, excluding applicable taxes;
ii. One (1) pair of Fruité® sunglasses having an ARV of CAD$10.00, excluding applicable taxes;
iii. One (1) Fruité® ball having an ARV of CAD$5.00, excluding applicable taxes;
iv. One (1) Fruité® beach towel having an ARV of CAD$25.00, excluding applicable taxes;
v. One (1) Fruité® drinking straw glasses having an ARV of CAD$3.00, excluding applicable taxes; and
vi. One (1) set of Fruité® headphones having an ARV of CAD$120.00, excluding applicable taxes.
(c) The second Grand Prize consists of one (1) Android tablet having an ARV of CAD$300.00, excluding applicable taxes.
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 a Vote or the creation of an Account for the purpose of carrying out the Contest and delivering the Grand Prizes. Once submitted, the Entries 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 their 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) J0H 1M0.
6.3 By accepting a Grand Prize, each of the Grand Prizes Winners 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), 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 each of the Grand Prizes Winners 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 Participants. 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 at all time 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. 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 a Grand Prize Winner of the last Grand Prize in the Contest.
7.1 The Sponsor reserve the right to cancel any Entries containing errors. The Entries 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 Prizes, and its representatives and employees, will not be responsible: (i) for Entries that are ineligible, incomplete, modified, lost or delivered late or to the wrong address, which Entries 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 Entries are being processed; (iii) for Entries 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 a 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 reserve 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 Entries 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, the supplier of the Grand Prizes and any other organization involved in the administration of the Contest or with the Grand Prizes award and any of their 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 entry or attempted entry in the Contest, the compliance or non-compliance with these Rules, the acceptance, possession, use or abuse of a Grand Prize or any activity related to a Grand Prize; and
(b) completely indemnify the Sponsor and its administrators, directors, employees, parent companies, affiliates, partners, suppliers, Sponsor and agents for any third party claims related to this Contest or to any violation of these Rules by the Participant or any activity related to a Grand Prize, without limitation.
9.2 No communication or correspondence will be exchanged with Participants, other than Participants who have been selected as potential Grand Prize Finalists.
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 on the following website www.fruite.ca/en/challengefruite.
9.4 Each of 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 reserve the right at its entire discretion to substitute a prize of equivalent value if the Grand Prize 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. The Sponsor do not 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 Prizes Winners does not have any recourse against the Sponsor for any warranty related to the Grand Prizes in any circumstance whatsoever. The Sponsor 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. The Sponsor shall assume no responsibility of any nature whatsoever for any postponement, delay, or cancellation of the Grand Prizes or any component of the Grand Prizes, for any reason whatsoever.
9.5 In the event of a dispute related to the person who created an Account or submitted a Vote, such Account or Vote will be deemed to have been validated by the authorized account holder of the electronic address submitted at the time the Account was created (holder of the of the electronic address with of the Account linked to the Vote in the case of a Vote). 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 he or she is the authorized account holder of the electronic address (i) linked to Account at issue or (ii) linked to the Account linked to the Vote at issue.
9.6 The Sponsor reserve 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 Entries, 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 reserve 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 French 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.
11.1 The Contest is no way endorsed or administered by, or associated or managed nor sponsored by Facebook, Instagram or any other media used to promote the Contest. Each of Facebook, Instagram and/or any other media used to promote the Contest 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.
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 The Sponsor will publish the name of the Grand Prize Winner of the first Grand Prize within five (5) business days following the date of the First Draw and the name of the Grand Prize Winner of the second Grand Prize within five (5) business days following the date of the Second Draw 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.