Campbell’s Sea-Doo® SPARK® Contest 2019
OFFICIAL RULES AND REGULATIONS
This contest is exclusively through Overwaitea Food Groups
1. CONTEST PERIOD: The Campbell’s® Sea-Doo® SPARK® Contest (the “Contest”) is sponsored by Campbell Company of Canada (the “Sponsor”). The Contest begins at 12:00:00 AM (ET) on June 27, 2019 and ends at 11:59:59 PM (ET) on July 25, 2019 (the “Contest Period”).
2. ELIGIBILITY: To enter and be eligible to win, a person must be a legal resident of Saskatchewan, Manitoba, Alberta, BC or Yukon who has reached the age of majority at time of entry in the province in which he/she resides. Notwithstanding this, the Contest is not open to the employees, agents or representatives of Sponsor, Save-On-Foods (Overwaitea Food Group Limited), TracyLocke Canada, The Mobile Experience Company, (the “Contest Administrator”) and suppliers providing prizes or other materials or services in connection with this Contest (collectively, the “Contest Parties”). This Contest is also not open to any members of the immediate families of, or persons domiciled with, any of the Contest Parties. In these Official Rules, “immediate family” means mother, father, brother, sister, son, daughter and/or legal or common-law spouse.
3. HOW TO ENTER: INTERNET ACCESS REQUIRED. There are two (2) methods for initiating entry into the Contest. Regardless of entry method, entrants may qualify to receive only one (1) entry, per day.
The two entry methods are as follows:
Upload of receipt and submission of Contest Form must be completed by 11:59:59 PM (ET) on July 25, 2019 (the “Contest Closing Date”) to qualify for one (1) entry into the Grand Prize Draw.
b. ENTER WITHOUT PURCHASE: To enter without purchase, entrant must first complete the No Purchase Entry form (“No Purchase Entry Form“) found at campbellsoup.ca/seadoocontestnopurchase including their full name, address and telephone number to request a No-Purchase-Entry Personal Identification Number (“NPE PIN“). Once No Purchase Entry Form has been submitted, an NPE PIN will be displayed on-screen. Entrant must then submit a unique handwritten original (not photocopied) 150-word essay written in English on “What are your top 3 favourite Campbell’s products and why?“, (“Essay”) and NPE PIN on a single piece of paper, in a self-address envelope to the address below (the “Contest Address”):
CAMPBELL’S 1 SEA DOO CONTEST
PO BOX 250
Pickering, ON L1V 2R4
Each entry must contain an original Essay, NPE PIN and must be enclosed in a separate envelope bearing sufficient postage, be post-marked during the Contest Period and received by the Contest Closing Date in order to qualify for one (1) entry into the Grand Prize Draw. Each Essay can be used only once. You will qualify for one (1) entry into Grand Prize Draw per separate envelope containing an original Essay per day.
In the event of a dispute as to who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the Device and/or email address at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to a cellular telephone number/email account (as applicable) by a service provider. Selected entrants may be required to provide Sponsor with proof that he/she is the authorized account holder of the phone number and/or email address associated with the selected entry.
4. GRAND PRIZE DRAW: A random draw will be held on July 29, 2019 (the “Draw Date”) at approximately 11:00 AM (ET) in Toronto, ON from among all eligible entries received to determine the one (1) Grand Prize selected entrant (the “Selected Entrant”). The Selected Entrant will be contacted via phone, text message (on short code 81818), and/or email within two (2) business days of the Draw Date. If a Selected Entrant: (a) cannot be reached phone, text message (on short code 81818), and/or email within five (5) business days of the first attempt; (b) fails to correctly answer the skill-testing question (see rule 6); (c) fails to return the properly executed Release Form within the specified time (see rule 6); and/or (d) is otherwise deemed by the Sponsor to be in violation of these Official Rules; then he/she will be disqualified (and will forfeit any and all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible Selected Entrant from among the remaining eligible entries. The Sponsor will not be responsible for failed attempts to contact a Selected Entrant.
5. GRAND PRIZE: There will be one (1) Grand Prize (the “Grand Prize”) available to be won – a 2019 Sea-Doo® SPARK® 3up Rotax® 900 HO ACE iBR & Convenience Package including Front Storage Bin Kit (7 US gal. / 28 L), Reboarding Step, Anti-Theft Security System and iControl Learning Key (approx. retail value $9797.00 CAD).
Any costs or expenses associated with the Grand Prize (including dealer prep and delivery) not specifically listed here will be the responsibility of the winner. The Grand Prize must be accepted as awarded without substitution and is not transferable and has no cash surrender value. Winner is solely responsible for registration, title and license fees, insurance and all other costs, expenses, and applicable laws associated with personal watercraft registration, operation and all associated laws therewith. Winner is solely responsible for all travel transportation costs for collecting Grand Prize, as well as any dealer prep, gasoline, maintenance, safety equipment and any other costs incurred in claiming, registering, or using the Grand Prize including without limitation, any costs incurred bringing the personal watercraft from the delivery site to the winner’s home. Winner must meet eligibility requirements of these Official Rules. There are no options or upgrades on personal watercraft available before delivery; winner must accept Grand Prize as is/as awarded. The Grand Prize can be picked up at the Sea-Doo® dealership closest to the winner’s home. Once winner has been notified that personal watercraft is at the confirmed Sea-Doo® dealership location, he or she must pick up Sea-Doo® within thirty (30) days of date of such notification. Sponsor reserves the right to extend the delivery date of the personal watercraft by up to six (6) months from date of notification to the winner. If the winner does not accept delivery of the Sea-Doo® as above and personal watercraft is not titled, the Grand Prize will be forfeited and the winner’s entry will be void and an alternate winner will be randomly selected. Sponsor reserves the right to change product specifications at any time without incurring any obligations. No assignment, transfer, conversion to cash or cash redemption or substitution of Grand Prize is permitted, except Sponsor reserves the right to substitute the prize with another Grand Prize of comparable or greater value should the Grand Prize become unavailable. Winner is not eligible for any cash back or rebate which may be available on the vehicle at time of delivery. All other costs and expenses not specified herein, if any, are the responsibility of the winner. All Grand Prize details are at the sole discretion of the Sponsor. Grand Prize value is an approximation. Any difference between the approximate value and the actual cost of the Grand Prize will not be awarded. Winner agrees that Sponsor and its promotional partners have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, mechanical condition or fitness. Sponsor reserves the right, in the event that the Grand Prize or any component of the Grand Prize cannot be awarded as described for any reason, to substitute a similar Grand Prize or component of the Grand Prize of equal or greater value.
Odds of winning the Grand Prize depends on the number of eligible ntries received in accordance with these Official Rules and having correctly answered the mathematical skill-testing question.
None of the Contest Parties make any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties (as defined below) should his/her Grand 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 Grand Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
6. AWARDING OF GRAND PRIZE:
GRAND PRIZE: To be declared as a confirmed winner of the Grand Prize, the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a timed mathematical skill-testing question posed by telephone. The Selected Entrant will also be required to sign and return the Sponsor’s Declaration and Release Form (the “Release Form”), which, among other things: (i) confirms compliance with the Official Rules; (ii) acknowledges acceptance of the Prize as awarded, without substitution; (iii) releases the Contest Parties, their affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, representatives, governors, successors and assigns (collectively, the “Released Parties”) from any liability in connection with the Grand Prize or any portion thereof or this Contest; and (iv) agrees to the use of his/her name, address (city and province/territory) and/or photograph without further notice or remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Contest. The Release Form will be emailed or couriered to the Selected Entrant and must be returned within the time period specified on the Release Form or the Prize will be forfeited in its entirety and nothing will be substituted in its place. Upon correctly answering the skill testing question and receipt of the duly completed Release Form by a representative of the Sponsor, arrangements for fulfillment will be confirmed by TracyLocke Canada within approximately eight (8) weeks.
7. GENERAL: All entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries, other materials and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the Contest, including without limitation: (i) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on- line systems, servers, access providers, computer equipment or software; (ii) the failure of any entry and/or other information or materials to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website or due to late or lost entries sent by mail or otherwise; (iii) any injury or damage to any individual’s or any other person’s or entity’s computer or other device related to or resulting from participating in the Contest; (iv) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (v) any combination of the above. Selected Entrant also acknowledges and accepts that he or she understands and accepts that there may be serious risks of bodily injury, death or property damage associated with the acceptance, possession, use and/or misuse of the Grand Prize and attendance at any event or participation in certain Grand Prize-related activities, and he/she voluntarily accepts these risks. Any Selected Entrant accepting the Grand Prize agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims with respect to the foregoing. In no event shall the Sponsor’s total liability to you for all damages, losses or causes of action exceed $100.
Without limiting the foregoing, this Contest and the Grand Prize is provided “as is” without warranty of any kind, implied or direct. Some jurisdictions may not allow the limitation of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restriction regarding these limitations or exclusions.
Except where prohibited by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest and any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of Ontario, City of Toronto. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in the Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the provincial and federal courts located in or closest to the City of Toronto in the Province of Ontario. The parties agree not to raise the defense of forum non conveniens.
8. LIMITS VERIFICATION: The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest Administrator’s official time-keeping device(s).
9. Intellectual property. All intellectual property and all of the promotional materials, web pages and source code are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized use or copy of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
10. Posting of the winner’s name. Following winner verification, Sponsor shall post on the website at campbellsoup.ca/seadoocontest the Winner’s name (first name and first initial of surname). This information shall stay on this website for a period of at least thirty (30) days.
© 2019 Campbell Company of Canada. All Rights Reserved.
Sea-Doo and SPARK are registered trademarks of Bombardier Recreational Products Inc. (BRP).
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