ACTIVIA® CHALLENGE CONTEST
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The Activia® Challenge Contest (the “Contest”) is organized by Danone Inc. (the “Contest Organizer”). The Contest Organizer is responsible for the Contest, its organization and the Contest Rules (collectively the “Rules”).
The Contest will run from January 7th, 2019, at 10:00:00 a.m. Eastern Daylight Time (EDT) and end on December 7th, 2019 at 10:00:00 a.m. Eastern Daylight Time (EDT) (the “Contest Period”).
By registering to the Contest, each entrant (each entrant is referred to as an “Entrant”, together, the “Entrants”) gets a chance to win a Prize (as such terms are hereinafter defined), in accordance with the Rules.
By entering the Contest, each Entrant agrees to be bound by the present Rules.
This Contest is open to all legal residents of Canada having reached the legal age of majority in their respective province or territory of residence at the time of entry.
Employees, agents, representatives, officers and directors of the Contest Organizer and each of their respective subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, sponsors, suppliers of services related to this Contest, or of any other party directly associated with the holding of the Contest, as well as members of their immediate families (brothers, sisters, children, father, mother), their legal or common-law spouse, and any persons residing with these employees, agents, representatives, officers and directors (whether related or not) are not eligible to participate.
2. HOW TO PARTICIPATE
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. Entrants will not increase their chances of winning by buying a product because no purchase is required in order to participate. However, Entrants may get $2 off the Activia® range of products to help them start the Activia® Challenge
2.1. PARTICIPATION. To enter the Contest, during the Contest Period:
- Visit the Activia® website at activia.ca and click on the button “TAKE THE CHALLENGE” on the homepage, or visit the Contest page directly at activia.ca/en/
- All Entrants must rate their Activia® Challenge experience and review the flavor of their choice. They must fill out a form on the Contest page to be entered to win a month’s worth of free Activia® products, a bag of Oatbox granola and an Oatbox snack jar.
- Five (5) winners will be selected randomly each month from all the eligible Entrants during the Contest Period.
- To participate, all these steps must be completed.
- To participate in the Contest, “cookies” must be enabled.
2.2. Disqualification. Each Entrant shall respect the following requirements, failing which, the Entrant may be disqualified and his/her entry may be cancelled:
- All Entrants must complete the form on the Contest page using a valid email address.
- Only one (1) entry per Entrant per email address is accepted.
- The use of more than one email address will lead to automatic disqualification. Reviews created by the same Entrant will be cancelled and disqualified.
Any participation will be deemed to have been on the part of the authorized holder of the email address used. Clicking “Submit” at the end of the Contest form constitutes acceptance of these Rules.
A total of fifty-five (55) will be awarded during this Contest.
Here are the details of the Prize:
Each winner will receive
- a month’s worth of Activia® in the form of 8 coupons valued at $64 CAD, which can be applied to the sizes and flavors of their choice
- a bag of Oatbox granola
- an Oatbox snack jar
The approximate total and maximum retail value of the prizes is seventy-nine Canadian dollars ($79CAD).
In no event shall the Contest Organizer be liable for more than fifty-five (55) prizes.
3.1 General. In addition to any other conditions set forth in the present Rules, the following conditions apply to the Prize offered.
To be eligible for the Prize, Entrant must be validly registered in the Contest and his/her Instagram account must be valid.
Should any part of the Prize not be used, no compensation will be provided to the winner.
All costs, expenses, charges, duties and taxes (federal, provincial, local or otherwise) and fees not expressly described herein as being part of the Prize shall be entirely borne by, and be the sole responsibility of, the winner.
The Prize must be accepted as is and cannot be transferred, substituted or exchanged for cash or any other prize.
No transfer, assignment, or substitution is permitted, except by the Contest Organizer, who reserves the right, in its sole discretion, to substitute the Prize for another prize of equal or greater value, should the Prize be unavailable for any reason due to circumstances beyond its control.
Any prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as a Prize.
Trademarks, logos, and all service marks (including, without limitation, individual product and retailer names) are the property of their respective owners.
4. WINNER SELECTION
4.1 The Prize. A random draw will be held each month, at the rate of eleven (11) in total during the Contest period, to offer one (1) Prize to five (5) winners complying with these Rules (including audit and response requirements to the regulatory skill-testing question). The eleven (11) prize draws will take place on February 7th; March 7th; April 8th; May 7th ; June 7th ; July 8h ; August 7th ; September 9th ; October 7th ; November 7th ; December 8th 2019 at around 11h00 min 00s. (EDT) in Montreal, Quebec, among all valid entries received during the Contest Period. The prize draw will be conducted by the Contest Organizer.
4.2 Chances of winning. For each Entrant, the chances of winning a Prize depend on the total number of eligible entries received during the Contest Period.
4.3 Official time. The Contest Organizer’s servers are the official time keeping device for this Contest. The time that an entry is received by the Contest Organizer will be considered to be the time at which it is received by the Contest Organizer’s mail server or web server (as applicable), as determined in accordance with the applicable server’s clock.
5. AWARDING OF PRIZE
5.1 Prize. The potential winner will be notified by an email sent by the Contest Organizer within ten (10) days of the day of the draw.
The potential winner must answer a mathematical skill-testing question correctly within a limited time. This question is required by law and will be asked by email or fax or on the declaration of exoneration of liability and compliance with the Rules form (hereafter, the “Declaration Form”).
The Declaration Form includes, without limitation, a confirmation that the winner will abide by the Rules, a release of the Contest Organizer and their respective directors, officers, employees, subsidiaries, affiliated companies, related companies, agents and Instagram from all liability, and allows the Contest Organizer and its representatives to use the winner’s name, photograph, likeness, statements about the Prize, place of residence and/or voice without any compensation, in any advertising by the Contest Organizer and for any required disclosure without having to obtain the winner’s prior consent.
If a selected Entrant fails to return the Declaration Form within the period provided, that Entrant will be deemed to have forfeited his Prize and another random draw will be held according to the provisions set forth in the present Rules until a new winner claims his/her Prize.
Within twenty (20) days of receipt of the duly completed Declaration Form, the Contest Organizer will mail the Prize to the Winner to the address indicated on the Entrant’s Declaration Form.
The Contest Organizer assumes no responsibility after delivering the Prize, and the winner must assume the risk of loss or damage to the Prize after shipping. The Contest Organizer and NHL Entities make no representations or warranties of any kind regarding the appearance, safety or performance of a Prize.
5.2 Disqualification. Anyone participating in this Contest or attempting to participate in a manner contrary to the Rules or that is unfair to others will be automatically disqualified and may be referred to the competent judicial authorities.
5.3 False declaration. Any inaccurate or false declaration or fraud will lead to automatic disqualification of the winner and loss of rights to the Prize. If the winner fails to abide by any of the conditions set out above or any other condition provided in the Rules, he/she will automatically be disqualified and will lose his/her rights to the Prize.
6. GENERAL CONDITIONS
6.1. Verifications. Declaration Forms, other documents requested by the Contest Organizer and all information contained therein are subject to verification by the Contest Organizer. Any Declaration Form or any other document requested by the Contest Organizer that is illegible, incomplete, fraudulent, copied or received late, bearing an invalid email address or phone number, not bearing the correct answer to the mathematical skill-testing question or otherwise noncompliant shall be rejected and will not entitle to an entry or to a Prize, as the case may be. Entrants are responsible for the correct and full completion of their Declaration Form and/or any other document requested by the Contest Organizer in order to be reached in conformity with this Contest Rules if they are selected for a Prize.
A selected Entrant will not be considered a winner until the verification process is complete and it has been established, to the satisfaction of the Contest Organizer, that the Entrant has complied with all the conditions of this Regulation have been complied with.
6.2 Conduct of the Contest. Any attempt to deliberately damage the Contest website or any related website or to sabotage the legitimate conduct of this Contest constitutes a violation of civil and criminal laws. Should there be any such attempts, the Contest Organizer reserves the right to reject the entry and obtain legal or equitable relief under applicable laws.
6.3 Decisions of the Contest Organizer. Any decision of the Contest Organizer regarding any aspect of this Contest, including, without being limited to, the eligibility and/or disqualification of entries, shall be final and without appeal, subject to any decision of the Régie des alcools, des courses et des jeux du Québec. (the « Régie »).
6.4 Disqualification. Any person entering or attempting to enter the Contest by means that are contrary to the Rules or unfair to other Entrants will automatically be disqualified and may be referred to the competent legal authorities.
6.5 Acceptance of Prize. Prize must be accepted as described in this Contest Rules and may not, in any case, be in whole or in part transferred to another person, replaced by another Prize or exchanged for cash, except as provided herein.
6.6 Prize substitution. In the event where it would be impossible, difficult and/or more costly for the Contest Organizer to award the Prize (or part of the Prize) as described in these Contest Rules, the Contest Organizer reserves the right to award the Prize (or part of Prize) of the same kind and of equivalent value or, at its sole discretion, the cash value of a Prize (or part of Prize) as indicated in the Contest Rules.
6.7. Limitation of liability – use of Prize. The winner releases the Contest Organizer, and their respective subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors, and Instagram (“Released Parties”) from any liability for damage of any kind whatsoever that he/she or his/her guests may suffer, directly or indirectly, by reason of acceptance, possession or use of the Prize, including, among other things, accidents, injuries, death, loss of enjoyment, inconveniences, disappointments, worries or frustrations or a physical or psychological nature or any other nature whatsoever.
For this purpose, winner hereby (i) acknowledges and confirms that Released Parties are not granting any warranties or assurances of any kind pertaining to the Prize awarded in connection with the Contest; (ii) acknowledges and confirms the absence of any implied warranties in connection with the Contest or the Prize, and (iii) agrees to sign the Declaration Form before receiving his/her Prize when and as required.
Any and all costs and expenses incurred by a winner to claim, use or redeem his/her Prize shall be entirely borne by the winner.
6.8 Liability limit: participation in the Contest. Each person who enters or attempts to enter this Contest releases the Released Parties from any liability for any damages, claim or prejudice that may occur due to their participation or attempted participation in the Contest.
The Released Parties accept no liability for the malfunction of any computer component, software or communication line in connection with the loss or absence of network communication or with any defective, incomplete, incomprehensible or deleted transmission from any computer or network that may limit any person’s opportunity to enter the Contest or prevent him from entering the Contest.
The Released Parties accept no responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any Internet page or software and by the transmission of any information in connection with entry in the Contest.
The Released Parties are released from their obligations hereunder in the event of a force majeure, or if an event is delayed or postponed for any reason outside its control, including, without being limited to, natural disasters, public enemies, war, civil conflict, fire, flooding, labor disputes or strikes or any other act or order of a governmental authority.
6.9 Liability limit. Released Parties shall not be responsible for lost, late, stolen, damaged, garbled, inaccurate, incomplete, misaddressed, mutilated, undelivered, delayed, or misdirected emails, Instagram, comments, requests and/or Prize claims, or for errors, omissions, interruptions, deletions, defects, or delay in cable, satellite, internet service provider, telephone lines, or in operations or transmission of information, in each case whether arising by the way of technical or other failures or malfunctions of computer hardware, software, communication devices, or transmissions lines, or data corruptions, theft, tampering, destruction, unauthorized access to or alteration of any participation materials, loss, human error, or otherwise.
Further, Released Parties are not responsible for electronic communications, which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an Entrant’s email or Instagram account to receive email or direct messages.
Released Parties are not responsible for incorrect or inaccurate entry information whether caused by an Entrant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the transmission, receipt, or processing of entries.
Released Parties are not responsible for any other errors or problems of any kind, whether computer, network, printing, seeding, typographical, mechanical, technical, human or otherwise, relating to or in connection with this Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the announcement of the Prize or Prize winner, the processing of entries or in any Contest-related materials.
6.10 Liability limit: Prize providers. Each winner recognizes that, from the time that he/she accepts a Prize, the performance of obligations related to such Prize becomes the sole and complete responsibility of the designated service providers with respect to portions not delivered by the Contest Organizer, if applicable.
6.11. Liability limit: Instagram. The Contest is in no way sponsored, endorsed or administered by or associated with Instagram. The information is provided to the Contest Organizer and not Instagram. Questions, comments or complaints about the Contest must be sent to the Contest Organizer and not to Instagram. Your participation in this Contest must at all times comply with the Instagram Terms of Service.
6.12. Modification. The Contest Organizer reserves the right, at its sole discretion, subject to the approval of the Régie, to cancel, terminate, modify or suspend all or any part of this Contest in the event of a virus infection, a computer malfunction, an incident or any human intervention that could corrupt or affect the administration, security, impartiality or running of the Contest as provided for in the Rules.
6.13. Number of Prizes awarded. In all cases, the Contest Organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors, and their suppliers of products, materials and services related to this Contest, and their employees, agents and representatives cannot be required to award more Prizes than the number indicated in the Rules or to award Prizes other than in accordance with the Rules.
If computer, printing, production, mechanical, seeding, typographical, or other errors result in more valid Prize claims for any Prize level than the number stated herein, the Contest Organizer reserves the right to award the stated number of Prizes for the Prize level at issue in a random draw from among all eligible, non-suspect, and valid Prize claims received for the applicable Prize level.
6.14. Authorizations. By entering the Contest, Entrants agree to have their submitted name displayed on the Contest Organizer’s website, blog and Instagram page and used by the Contest Organizer for any purpose regarding the Contest and for promotional and advertising purposes in connection with the Contest Organizer and its products and activities at any time, without any fee, remuneration or other form of compensation.
Winner authorizes the Contest Organizer and its representatives to use, if required, his/her name, photo, likeness, statements regarding the Prize(s), place of residence and/or voice for advertising purposes in connection with the Contest, without any fee, remuneration or other form of compensation.
6.15. Ownership of Entries. Entries are the exclusive property of the Contest Organizer and will at no time be returned to Entrants.
6.16. Intellectual Property. As between Entrant and the Contest Organizer, the Contest Organizer is the sole owner of the Contest materials and promotional products as well as intellectual property rights, including, without limitation, software, logos and trademarks, and nothing in these Rules shall be construed so as to confer any right whatsoever to Entrants in this regard.
6.17. Communication with Entrants. Subject to the provisions of the Rules, there will be no communication or correspondence with Entrants, except with a winner of the Prize.
6.18. Entrant’s identity. For the purposes of the Rules, the Entrant is the person whose name appears on the entry and, subject to the terms hereof, the Prize will be awarded to this person should he/she be declared the winner.
6.19. Litigation. Any litigation respecting the conduct or organization of the Contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie for the purpose of helping the parties reach a settlement.
6.20. Competent legal tribunal. Subject to the provisions of the preceding paragraph regarding matters that fall under the jurisdiction of the Régie, as a prior condition of entry in this Contest, every Entrant agrees that disputes that cannot be settled between the parties, and all causes for action arising out of or connected with this Contest, must be settled case by case, without recourse to any form of class action, and exclusively before a competent court in Montreal, Quebec which court must apply the laws in force in the province of Quebec.
6.21. Unenforceability. If any paragraph of the Rules is declared or ruled to be illegal, unenforceable or void by a competent Court, then the paragraph in question shall be deemed void, but all other paragraphs not affected will be applied within the limitations of the law.
6.22. Gender. The masculine gender is used in these Rules solely for succinctness; it refers to both men and women.
6.23. Language. In the event of a discrepancy between the French and English versions of the Rules, the French version shall take precedence.
6.24. Acceptance. By participating in the Contest, Entrants agree to be bound by the Contest Rules and by the decisions of the Contest Organizer, which will be final and won’t be subject to appeal in any respect, including without limitation, any decisions concerning eligibility, disqualification of entries, or Prize attribution.
6.25. Personal information in connection with the Contest. Entrants’ personal information will be stored in the Contest database and the Contest Organizer will use it to contact Entrants for the purposes of the Contest.
No other use will be made of Entrants’ personal information, with the exception of Entrants who explicitly indicated when completing the Registration Form that they wish to receive more information about the Contest Organizer.
6.26. Contest Rules and name of winner. A copy of the Rules and the name of the winner may be obtained upon written request to:
100, de Lauzon Street
6.27. Governing Law. The Contest and these Rules shall be governed by the laws of the province of Québec and the laws of Canada and the Province or Territory concerned.