OFFICIAL RULES AND REGULATIONS
Chunky $50,000 Giveaway
1. CONTEST PERIOD. The Chunky 50/50 Contest (the “Contest”) is sponsored by Campbell Company of Canada (the “Sponsor”). The Contest begins at 12:00:00 AM (ET) on February 1, 2019 and ends at 11:59:59 PM (ET) on March 30, 2019 (the “Contest Period”).
2. ELIGIBILITY: To enter and be eligible to win, a person must be a legal resident of Canada who has reached the age of majority at time of entry in the jurisdiction in which he/she resides. Notwithstanding this, the Contest is not open to the employees, agents or representatives of the Sponsor, Tracy Locke Canada, The Mobile Experience Company (the “Administrator”) (including their respective divisions, subsidiaries, affiliates and advertising or promotional agencies), and charities and suppliers associated with 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, brothers, sisters, sons, daughters and/or legal or common-law spouse.
3. HOW TO ENTER: NO PURCHASE NECESSARY. INTERNET ACCESS REQUIRED. To enter, visit the Contest Site directly by typing the website address souperyou.ca into your computer or mobile device browser (a “device”). At the Contest Site, you’ll be required to complete the Contest Form, including your full name, phone number and a valid email address, as well as agree to let the Sponsor or the Contest Parties contact you via email and/or phone for prize fulfillment purposes. Entrants may qualify to receive only one (1) entry 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 device and/or email address associated with the selected entry.
4. GRAND PRIZE DRAW: A random draw will be held on April 8, 2019 (the “Draw Date”) at approximately 11:00 AM (ET) at Administrator’s office in Whitby, ON from among all eligible Grand Prize Entries received in accordance with these Official Rules by the Contest Close Date to determine the one (1) Grand Prize selected entrant (each a “Selected Entrant”). The Selected Entrant will be contacted by email or telephone within two (2) business days of the Draw Date. If a Selected Entrant: (a) cannot be reached by email or telephone within five (5) business days of the first attempt; (b) fails to correctly answer the skill-testing question (see rule 6); (c) fails to acknowledge 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 Grand Prize Entries. The Sponsor will not be responsible for failed attempts to contact a Selected Entrant.
5. GRAND PRIZE: There is one (1) Grand Prize (the “Grand Prize”) available to be won as part of the Grand Prize Draw. The Grand Prize consists of a cash award made to the winner as a $25,000.00 certified cheque (CND) and a donation of $25,000.00 (CND) to be made by Campbell Company Canada on behalf of the winner, to one of the registered charities below of the winner’s choice.
*Approved registered charity list
- Aunt Leah’s Place (https://auntleahs.org/)
- Big Brothers Big Sisters of Canada (https://bigbrothersbigsisters.ca/)
- Brain Canada (https://braincanada.ca/)
- Breast Cancer Society of Canada (https://bcsc.ca)
- Canadian Cancer Society (http://www.cancer.ca/en/?region=on)
- Canadian National Institute for the Blind (https://cnib.ca/en?region=gta)
- Daily Bread Food Bank (https://www.dailybread.ca/)
- East York Learning Experience (https://eastyorklearningexperience.ca/)
- Heart and Stroke Foundation (http://www.heartandstroke.ca)
- Inn from the Cold (https://innfromthecold.org/)
- JDRF (http://www.jdrf.ca/)
- Kids Help Phone (https://kidshelpphone.ca/)
- LAMP (https://lampchc.org/)
- Ontario Society for the Prevention of Cruelty to Animals (http://ontariospca.ca/)
- Muscular Dystrophy Canada (http://www.muscle.ca/)
- Pathways Clubhouse (https://pathwaysclubhouse.com/)
The winner is solely responsible for payment of any applicable taxes and reporting any taxable income associated with their cash award portion of the Grand Prize. No tax receipt for the donation portion of the prize will be issued. The Grand Prize must be accepted as awarded without substitution and cannot be transferred to a third party. Any additional costs not described in these Rules as part of the Grand Prize that are incurred in collecting and using the Grand Prize are the winner’s responsibility.
Odds of being selected for the Grand Prize depends on the total number of eligible Grand Prize Entries received in accordance with these Official Rules by the Contest Close Date and having correctly answered the mathematical skill-testing question.
None of the Contest Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from any of the Contest Parties should his/her 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 a Prize, each confirmed winner agrees to waive all recourse against the Contest Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Official Rules, then, in addition to having the right to terminate the Contest immediately, the Sponsor reserves the right, in its sole and absolute discretion, to rescind invalid Prize claims and/or conduct a random draw from amongst all eligible Prize claimants to award the correct number of Prizes. In no event whatsoever will the Sponsor or any of the Contest Parties be liable for more than the number, type and value of Prizes as stated in these Official Rules.
6. AWARDING OF GRAND PRIZE:
GRAND PRIZE: To be declared as a confirmed winner of a Grand Prize, each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a 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 Grand Prize as awarded, without substitution; (iii) releases the Sponsor, its 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 and the charity selected by the Grand Prize winner to receive the donation from the Sponsor (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 each Selected Entrant and must be returned within the time period specified on the Release Form or the Grand 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, the Grand Prize will be shipped to the confirmed winner by the Sponsor within six (6) to 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. 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 all prizes are 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.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Official Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Official Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Official Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, entry and/or other information or materials with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
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.
For Quebec residents only. 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.
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 Sponsor’s official time-keeping device(s).
9. These full rules are available on the Internet at souperyou.ca
10. 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.
11. Posting of winner’s name. Within thirty (30) days of the Draw Date, the Sponsor shall post on the website at souperyou.ca . 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.