“THE JUICY WHEEL” CONTEST
1. CONTEST PERIOD
1.1 The “Juicy Wheel” contest (the “Contest”) held by A. Lassonde Inc. (the “Sponsor”) begins on June 20th, 2019 at 10:00:00 a.m. (EDT) and ends on September 30th, 2019 at 10:00:00 a.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) have reached the age of fourteen (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. HOW TO ENTER
3.1 No purchase necessary. To enter, a Participant must register through the Contest website at the following address https://fruite.ca (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:
(a) indicate his or her last name, first name and email address in the designated fields;
(b) enter a promo code located behind the label of a Participating Product (as defined below) in the designated field (a “Code”);
(c) confirm that the Participant has reached the age of fourteen (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;
(e) spin the wheel (the “Wheel”) that will appear on the contest page once a valid Participation Ballot has been submitted by following the instructions indicated on the Contest Site.
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 Sponsor reserves the right to request proof of identity or of eligibility to the Contest at any time and at its sole discretion. The Sponsor reserves the rights, at its sole discretion, to disqualify any individual who contravenes or attempts to contravene these Rules. No entry limit to the Contest. Each Code is unique and can only be used one (1) time by only one (1) Participant during the Contest Period. 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 A Participant that does not have a Code in order to complete a Participation Ballot can write an email at the following address: email@example.com or (ii) send a letter in a self-addressed postage-paid envelope addressed to the Sponsor’s “Marketing Department” located at 170, 5th Avenue, Rougemont, Quebec, J0L 1M0, to ask the Sponsor to provide him/her with one (1) Code and to describe in a short 50 words text an occasion when she/he could drink a Participating Product during summer 2019 (a “Submission”). A Participant may not send more than one (1) Submission during the entire Contest Period and a maximum of one (one) 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.
Submissions sent by mail must be received by the Sponsor by August 15th, 2019 at the latest for timely processing and return. Any Submission received by mail past that date will not be considered and processed. All Submissions sent by email must be received by September 15th, 2019 at 11:59:59 p.m. (EDT) at the latest for timely processing and return. Any Submission received by email past that date will not be considered and processed.
3.4 The Sponsor bears no responsibility for Submissions that are lost, received past the dates indicated in paragraph 3.3, incomplete, stolen, sent to the wrong address, with insufficient postage, unreadable or failing to comply with the conditions stated herein and such Submissions will be deemed void and ineligible.
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 the specially marked Fruité® 2L drinks in connection with the Contest (a “Participating Product”, collectively the “Participating Products”).
4. WINNERS SELECTION AND PRIZE AWARDS
4.1 Winners’ selection
(a) Each of the 658 Prizes (as defined below) are randomly linked to a “winning moment” and each of these moments is randomly disseminated throughout the Contest Period by an independent algorithm (a “Winning Moment”).
(b) The first Participant to submit a valid Participation Ballot and to spin the Wheel will be deemed to have won the Prize (as defined below) linked to such Winning Moment (a “Winner”, collectively the “Winners”).
(c) After submitting a valid Participation Ballot and after having spun the Wheel, a new window will appear, indicating whether or not the Participant won a Prize (as defined below). In the event a Participant wins a Prize (as defined below), he/she shall fill the designated fields, correctly answer the mathematical skill-testing question without any assistance whatsoever (including mechanical assistance) and confirm that he/she has read and accepted the terms and conditions of the Declaration and Release Form (as defined below) by checking the corresponding box. All of the fields must be completed.
(d) In the event a Winner fails to claim his/her Prize (as defined below) in accordance with the procedure set out in herein before September 30th, 2019 at 10:00:00 a.m. (EDT) or if he/she is otherwise disqualified, the Sponsor will cancel the award of such Prize (as defined below).
(e) The declaration and release form (the “Declaration and Release Form”) to which Winners must consent and accept in order to each be awarded their Prize (as defined below), sets out, among other things, that these Rules have been complied with, that the Sponsor and any organisation participating in the award of the Prizes (as defined below) or the organisation or administration of the Contest and their respective administrators, directors, employees, shareholders, agents, other representatives, parent-company and affiliates shall have no liability for any harm, accident, loss or prejudice related to the Contest, the Prizes (as defined below) or the award or use of the Prizes (as defined below).
(f) A Participant holds the chance to win as many times as the algorithm permits.
(a) Six hundred fifty-eight (658) prizes (the “Prizes”, each a “Prize”) will be awarded in this Contest, allocated among the following items :
(i) two hundred (200) PopSockets, having an approximate total retail value of CAD $3 000;
(ii) two hundred (200) balls, having an approximate total retail value of CAD $4 400;
(iii) fifteen (15) floating water mats, having an approximate total retail value of CAD $3 375;
(iv) twenty-five (25) beach umbrellas, having an approximate total retail value of CAD $1 500;
(v) fifteen (15) barbecues, having an approximate total retail value of CAD $1 800;
(vi) three (3) inflatable paddle boards, having an approximate total retail value of CAD $2 250;
(vii) two hundred (200) Fruité Wave® 300 ml or 2 L drinks, having an approximate total retail value of CAD $600.
(b) The approximate total retail value of all the Prizes if of CAD $17,225.00, including all applicable taxes. Any difference between the final value and the stated value will not be awarded.
6. PERSONAL INFORMATION
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 the Participation Ballot or Submissions for the purpose of carrying out the Contest and delivering the Prizes. Once submitted, the Participation Ballots and Submissions 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) J0L 1M0.
6.3 By accepting a Prize, each of the 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 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 persons seeking to enter the Contest. 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 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 Winner of the Prize in the Contest.
7.1 The Sponsor reserves 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 Sponsor and any organization participating in the management of the Contest or in the delivery of the Prizes, and its 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 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 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 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 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 Sponsor 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 Prize or any activity related to a 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 Prize, without limitation.
9.2 No communication or correspondence will be exchanged with Participants, other than Winners.
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 Contest Site.
9.4 Each of the 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 a Prize cannot be awarded as provided for by these Rules. Any portion of a Prize that is not accepted or used by a Winner will be deemed forfeited. The 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 Prizes or any activity related to the Prizes. Each Winner does not have any recourse against the Sponsor for any warranty related to the Prizes in any circumstance whatsoever. The Sponsor will in no way be liable for any event which leads to the Prizes being annulled or for events beyond its control which lead to the Prizes or part of the Prizes not being awarded. The Sponsor shall assume no responsibility of any nature whatsoever for any postponement, delay, or cancellation of the Prizes or any component of the 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 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 Sponsor 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 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 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 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. INTELLECTUAL PROPERTY
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. 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 Sponsor.
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 The Sponsor will publish the names of the Winners and the end of the Contest on September 30th, 2019.
INDIVIDUALS PARTICIPATING IN THE CONTEST ACKNOWLEDGE HAVING READ AND ACCEPTED THESE RULES AND AGREE TO COMPLY WITH THEM.