“SUMMER ROCKS WITH FRUITÉMD” CONTEST
1. Contest period
1.1 The “SUMMER ROCKS WITH FRUITÉ®” contest (the “Contest”) held by A. Lassonde Inc. (the “Sponsor”) begins on May 1st, 2017 at 10:00:00 a.m. (EDT) and ends on September 1st, 2017 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 Sponsors 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. How to Enter
3.1 No purchase necessary. To enter, a Participant must register through the Contest website at the following address www.fruite.ca/en/simpleplan (the “Contest Site”), fill in a participation ballot online and validate it as indicated below (the “Participation Ballot”).
3.2 To complete and validate a Participation Ballot, a Participant must indicate:
(a) indicate his or her last name, first name, email address, complete postal address and phone number in the designated fields;
(b) indicate a promo code located on the label of a Participating Product (as defined below) in the designated field (a “Code”);
(c) confirm that the Participant is at least 14 years old by checking the corresponding box;
(d) confirm that the Participant 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 or submitted 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 Sponsors reserve the right to request proof of identity or of eligibility to the Contest at any time and at their sole discretion. The Sponsors reserve the rights, at their 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 Sponsors reserve all of their 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 write an email at the following address: firstname.lastname@example.org to ask the Sponsors 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 on 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 household, per postal address, per computer and IP address may be granted using this method of participation during the entire Contest Period.
A Participant that sends a Submission to the Sponsors in accordance with this paragraph 3.3 within the five (5) days preceding the end of the Contest (between August 27, 2017 at 0:00:01 a.m. and September 1st, 2017 at 4:00:00 p.m. EDT) shall also provide the Sponsors with the information to be provided through a Participation Ballot and described in paragraph 3.2, confirm that he/she is at least 14 years old and confirm that he/ she has read and accepted the terms and conditions of the Rules, in order to eligibly enter the Contest and once such a Submission has been sent to the Sponsors, the Sponsors will confirm by email to the Participant that she/he has validly entered the Contest.
3.4 The Sponsors will dismiss and will not follow-up on any Submission received outside the Contest Period or missing any of the required information or elements in a Submission.
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 Fruité® drinks 2L (a “Participating Product”, collectively the “Participating Products”).
4. Winners selection
4.1 Grand Prize Winners
(a) Three (3) finalists for the Grand Prizes (as defined below) (the “Grand Prize Finalists”, each a “Grand Prize 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 September 4, 2017, at the offices of Lubie Inc. located at 85, Albert Street, Sherbrooke, Québec, J1H 1N1, at approximately noon (EDT). Odds of winning a Grand Prize depend on the number of eligible Participation Ballots received.
(c) The Grand Prize Finalists will be notified by e-mail or telephone within five (5) 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 Sponsors’ representative within a period of five (5) 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 Participation Ballots. 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 Sponsors’ representative within a period of five (5) business days, the second Grand Prize Finalist will be disqualified and the Sponsors will have the right to select a third Grand Prize Finalist among all remaining eligible Participation Ballots. 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 Sponsors’ representative within a period of five (5) business days, such third Grand Prize Finalist will be disqualified and the Sponsors will have the right to select a fourth Grand Prize Finalist among all remaining eligible Participation Ballots. 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 Sponsors’ representative within a period of five (5) business days, the fourth Grand Prize Finalist will be disqualified and the Sponsors will have the right to select a fifth Grand Prize Finalist among all remaining eligible Participation Ballots, and if such fifth Grand Prize Finalist does not return the telephone call or does not respond to the e-mail sent by the Sponsors’ representative within a period of five (5) business days, such third Grand Prize Finalist will be disqualified and the Sponsors will cancel the Grand Prize (as defined below).
(d) The Sponsors 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 Sponsors and any organisation participating in the award of the Grand Prize 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. Each of the Guests will also have to sign a Declaration and Release Form.
(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 three (3) business days after such Declaration and Release Form has been sent by the Sponsors 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 Sponsors will have the right, at their 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.
5.1 Grand Prize
(a) Three (3) grand prizes (the “Grand Prizes”, each a “Grand Prize”) will be awarded in this Contest. Each of the Grand Prizes consists of:
i. four (4) tickets for a concert of Simple Plan during their upcoming Canadian tour (dates and locations to be determined) having an approximate retail value (“ARV”) of CAD$540.00, excluding applicable taxes (a “Concert“);
ii. four (4) backstage passes allowing the Grand Prize Winner and its Guests to meet the members of Simple Plan before or after a Concert (to be determined by the Sponsors) having an ARV of CAD$500.00, excluding applicable taxes;
iii. round-trip limousine transportation between the Grand Prize Winner’s residence (or any other location agreed upon between the Grand Prize Winner and the Sponsor) and the Concert venue, having an ARV of CAD$450.00, excluding applicable taxes (the “Transportation“). The Transportation will only be provided if the distance between the pick-up location of the Grand Prize Winner (and his/her Guests) and the Concert Venue is under 100 kilometers;
iv. four (4) Fruité® gift sets, each consisting of five (5) Fruité® drinks 2L and Fruité® promotional merchandise (sunglasses, towels, a straw, inflatable beach ball) having a total ARV of CAD$255.00, excluding applicable taxes; and
v. four (4) Simple Plan gift sets, each consisting of one (1) Simple Plan CD and one (1) Simple Plan hoodie shirt, having a total ARV of CAD$250.00, excluding applicable taxes.
(b) The total ARV of each Grand Prize varies depending on dates of the Concert and the venues, but is estimated to be of CAD$1,995.00 in total, excluding applicable taxes.
(c) A Grand Prize Winner must choose a maximum of three (3) guests (the “Guests”) at his/her discretion. The Guests must attend the Concert with the Grand Prize Winner in question.
(d) Each Grand Prize Winner will be contacted by the Sponsor to book tickets for a Concert once the dates and locations of the Concerts will be determined. Reservations are subject to availability and to the terms and conditions of the Concerts organizers/promoters. Once booked, reservations for a Concert cannot be modified. If it is impossible for a Grand Prize Winner and his/her Guests to attend a Concert, 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 Sponsors’ sole discretion. Each Grand Prize Winner and his/her Guests must comply with applicable laws and regulations when using a Grand Prize.
(e) The following expenses are excluded from the Grand Prizes and are the sole responsibility of the Grand Prize Winner and the Guest.
(i) Transportation between the place of residence of the Grand Prizes Winners and the Guests to the Concert venue (in the event the Grand Prize Winner and his/her Guests do not qualify for the Transportation included in the Grand Prize);
(ii) Lodging (in the event the Grand Prize Winner and his/her Guests have to travel to attend a Concert);
(iii) Any meals, snacks, food items or drinks at the Concert venue;
(iv) All other expenses which are not specifically included in the description of the Grand Prizes.
6. Personal Information
6.1 By entering the Contest, each Participant consents to the collection, use and disclosure by the Sponsors 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 Sponsors and will not be returned.
6.2 The personal information may be transferred to third parties that are retained by the Sponsors to perform storage, management and other similar functions, subject to the laws applicable to the protection of personal information and the Sponsors’ internal policies regarding personal information. Files containing personal information will be kept at the Sponsors’ 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 Sponsors 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 Prizes Winners and their Guests grants the Sponsors 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 Grand Prizes Winners and their Guests may be required to sign a document to this effect.
6.4 In the course of conducting this Contest, the Sponsors 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 Sponsors, the Sponsors from time to time will send that person email notifications of other contests, products, news and other matters which the Sponsors deems is of public interest. A person can ask the Sponsors to remove his/her name from that emailing list by contacting the Sponsors.
6.5 If any such person declines to “opt into” receiving further communications from the Sponsors, the Sponsors will use his/her personal information only for the purpose of conducting and administering this Contest. In that case, the Sponsors, unless prohibited by law from doing so, will destroy that personal information upon the expiration of two (2) years after delivery by the Sponsors to a Grand Prize Winner of the last Grand Prize in the Contest.
7.1 The Sponsors reserve 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 Sponsors and any organization participating in the management of the Contest or in the delivery of the Grand Prizes, 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 Sponsors 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. Right to cancel, suspend or modify
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 Sponsors 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 Sponsors may change as well as partially or completely terminate the Contest at any time if, at its sole discretion, the Sponsors 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. General Conditions
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 Sponsors and its administrators, directors, employees, shareholders, agents and other representatives, its parent-company and its 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 a Grand Prize or any activity related to a Grand Prize; and
(b) completely indemnify the Sponsors and its administrators, directors, employees, parent companies, affiliates, partners, suppliers, Sponsors and agents for any third party claims related to this Contest or to any violation of these Rules by the Participant or by a Guest 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 Sponsors reserve the right, at their sole discretion, to exclude from the Contest and any other contest or future promotion offered by the Sponsors any Participant who does not comply with these Rules. The Rules are available on the following website www.fruite.ca/en/simpleplan/rules.
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 Sponsors. The Sponsors reserve the right at their 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 Sponsors 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 Sponsors for any warranty related to the Grand Prizes in any circumstance whatsoever. The Sponsors 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. Sponsors 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 validated a Participation Ballot or submitted a Submission online, such Participation Ballot or Submission will be deemed to have been validated by the authorized account holder of the electronic address submitted at the time the Participation Ballot was validated (holder 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 Sponsors to provide proof that he or she 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 Sponsors reserve the right, at their sole discretion, to exclude from the Contest and any other Contest or future promotion organized by the Sponsors, 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 Sponsors 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 English version will take precedence.
10. Intellectual property
10.1 All intellectual property covering the promotional material and the Contest Site are the exclusively property of the Sponsors 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. Applicable Law
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 Sponsors.
13. Régie des alcools, des courses et des jeux
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. List of winners
14.1 Within thirty (30) days following September 4, 2017, the Sponsors will publish the name of the Grand Prize Winner 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.