Full contest rules and regulations:
The contest delicious moment (the “Contest”) is organized by Danone Inc. (the “Contest Organizer”). The Contest Organizer is responsible for the Contest, its organization as well as the Contest’s rules and regulations (the “Rules”).
By entering the Contest, participants (each participant individually referred to as a “Participant”, together as “Participants”) are eligible to win one of three Prizes (as defined hereinafter), in accordance with the conditions outlined below.
1. AGREEMENT TO BE LEGALLY BOUND BY RULES
By entering the Contest, Participants confirm they have read through these Rules’ terms and conditions and agree to be legally bound by them.
2. CONTEST PERIOD AND KEY DATES:
The Contest begins on November 4, 2020 at 12:00:00 a.m. Eastern Time (“ET”) and comes to an end on December 23, 2020 at 11:59:59 p.m. ET (the “Contest Period”). The Contest Period will be divided into three (3) separate and distinct Entry Periods (each referred to as an “Entry Period”) as follows:
The three draws will be held on November 20, 2020, December 4, 2020 and December 24, 2020 at 10:00:00 ET, as detailed hereinafter.
The Contest is open to residents of Canada who have reached the legal age of majority in their province/territory at the time of entry, except for employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Contest Organizer, its subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual or entity involved in the development, production, operation, administration or awarding of prizes (collectively, the “Contest Parties”).
4. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. There are two (2) ways to participate in order to earn a maximum of one (1) entry (each is an “Entry”; collectively referred to as “Entries”) for all three draws in the Contest, as follows:
To take part in the Contest using the method outlined above, cookies must be enabled.
Standard data rates may apply to Participants who choose to enter in the Contest via a mobile device. Please contact your service provider for rates and information about your service plan before entering via your mobile device.
The Contest Parties, and each of their respective officers, employees, administrators, successors and assignees (collectively, the “Released Parties”) accept no liability whatsoever in relation to Entries/Requests that are late, lost, misdirected, delayed, incomplete or incompatible (all of which will be void). Your Entry/Request may be rejected if (at the sole and absolute discretion of the Contest Organizer) it isn’t submitted and received in accordance with these Rules.
5. ENTRY LIMIT :
There is a limit of one (1) Entry per person (regardless of the method of entry) for all three draws during the Contest Period. For greater certainty and the avoidance of any doubt, you can only use one (1) email address to enter in the Contest. If the Contest Organizer finds out (using any evidence or information made available to or otherwise discovered by the Contest Organizer) that a person has attempted to: i) obtain more than one (1) Entry (regardless of the method of entry); and/or ii) use multiple names, identities, email addresses or any automated, macro, script or robotic program, or any other system or program, or any other means not in keeping with the Contest Organizer’s interpretation of the letter and spirit of these Rules to enter in or otherwise participate in the Contest, or to dirupt the Contest process; this person could then be disqualified from the Contest at the sole and absolute discretion of the Contest Organizer.
All Entries, Requests and Participants will be subject to verification at any time and for any reason. The Contest Organizer reserves the right, at their sole and absolute discretion, to require proof of identity and/or eligibility (in a form they deem acceptable, including but not limited to a piece of government issued photo ID): i) for the purposes of verifying a person’s eligibility to participate in this Contest; ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry, Request and/or any information entered (or purportedly entered) for the purposes of this Contest; and/or iii) for any other reason the Contest Organizer deems necessary, at their sole and absolute discretion, for the purposes of administering the Contest in accordance with the Contest Organizer’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the full satisfaction of the Contest Organizer within the timeline they have specified may result in disqualification at the sole and absolute discretion of the Contest Organizer. The sole determinant of time for the purposes of this Contest will be the official time-keeping device(s) used by the Contest Organizer.
Disqualification. Participants must comply with the following conditions, failing which they may be disqualified and their entry may be cancelled:
· Participants must use a valid email address.
· Only one (1) Entry or Request per person will be allowed.
· Participants must use the same email address at all times during the Contest Period.
· The use of more than one (1) email address will lead to a Participant’s automatic disqualification. Email accounts that will have been created by that same Participant will be disqualified.
7. THE PRIZES:
The total approximate retail value of all three (3) Prizes is two thousand three hundred and fifty Canadian dollars ($2350 CAD).
Each Prize must be accepted as is and will not be transferable, assignable or redeemable for cash (except as may be expressly permitted by the Contest Organizer at their sole and absolute discretion). No substitutions are permitted, except at the Contest Organizer’s discretion. The Contest Organizer reserves the right, at their sole and absolute discretion, to substitute a Prize or Prizes with a prize of equal or greater retail value, including but not limited to, at the Contest Organizer’s sole and absolute discretion, a cash prize.
In no event will the Contest Organizer be liable for more than three (3) Prizes. If computer, printing, production, mechanical, seeding, typographical, or other errors result in more valid Prize claims than the available number of Prizes stated herein, the Contest Organizer reserves the right to award the stated number of Prizes in a random draw from among all eligible, non-suspect, and valid Prize claims received for the Prize in question.
Limit of one (1) prize per person.
None of the Released Parties makes any declaration or offers any warranty, express or implied, as to the quality or suitability of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each Participant confirmed as a winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Contest Organizer or any of the Released Parties, should their Prize or any portion thereof fail to be fit for its intended purpose or be in any way unsatisfactory.
In addition to other conditions set forth in these Rules, the following conditions apply to all Prizes offered:
• To be eligible for the Prize draw, the Participant’s Contest entry 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 in these Rules as being part of a Prize shall be entirely borne by, and be the sole responsibility of the winner.
• All Prizes must be accepted as awarded and cannot be transferred, substituted or redeemed for cash or any other Prize.
• No transfer, assignment, or substitution is allowed, except by the Contest Organizer, who reserves the right, at their sole discretion, to substitute a Prize for another Prize or equal or greater value, should the Prize be unavailable for any reason due to circumstances beyond their control.
• Any Prize represented in promotional material is for illustration purposes only and may not be the exact item(s) offered as a Prize.
• Trademarks, logos and service marks (including individual products and names of retailers) are the property of their respective owners.
8. SELECTION, NOTIFICATION AND CONFIRMATION PROCESS FOR GRAND PRIZE WINNERS :
On November 20, 2020 at about 10:00:00 ET, an eligible Participant will be selected by a randow draw from all valid Entries received by that date and will be awarded the First Prize. The drawing of the First Prize will be held by the Contest Organizer in Montreal, Quebec.
On December 4, 2020 at about 10:00:00 ET, an eligible Participant will be selected by a random draw from all valid Entries received by that date, except for the First Prize winner’s entry, and will be awarded the Second Prize. The drawing of the Second Prize will be held by the Contest Organizer in Montreal, Quebec.
On December 24, 2020 at about 10:00:00 ET, an eligible Participant will be selected by a random draw from all valid Entries received by that date, except for the First Prize and Second Prize winners’ entries, and will be awarded the Third Prize. The drawing of the Third Prize will be held by the Contest Organizer in Montreal, Quebec.
NON-WINNING ENTRIES ARE AUTOMATICALLY CARRIED FORWARD FROM ONE ENTRY PERIOD TO BE INCLUDED IN ANY SUBSEQUENT ENTRY PERIOD(S). The odds of winning depend on the number of eligible Entries received in accordance with these Rules during each Contest Period.
Official time. The Contest Organizer’s servers constitute the official tool used to determine time for this Contest. The time at which 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 email or Web server (as applicable), as determined in accordance with the applicable server's clock.
The Contest Organizer or their designated representative will make a minimum of three (3) attempts to contact each selected Participant within five (5) business days of the applicable draw date. If a selected Participant does not properly respond within the timeframe outlined above, or if a notification comes back as undeliverable; then this Participant may, at the sole and absolute discretion of the Contest Organizer, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Contest Organizer reserves the right, at their sole and absolute discretion and time permitting, to randomly select an alternate eligible Participant from among all remaining eligible Entries received at the time the initial draw took place (in which case the foregoing provisions of this section shall apply to this newly selected Participant).
NO PARTICIPANT IS A WINNER UNTIL THE CONTEST ORGANIZER OFFICIALLY CONFIRMS THEM AS SUCH IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A PRIZEWINNER, THE SELECTED PARTICIPANT will be required to: a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, at the sole and absolute discretion of the Contest Organizer, be administered online, by e-mail or any other electronic means, by telephone, or in the Contest Organizer’s declaration and release form); and b) sign and return the original signed copy of the declaration and release form (hereafter the “declaration Form provided by the Contest Organizer”), which (among other things): i) confirms compliance with these Rules; ii) acknowledges acceptance of the Prize (as awarded); iii) releases the Released Parties from any and all liability in connection with the Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of their Prize; and v) consents to the publication, reproduction and/or any other use of their name, city/province/territory of residence, voice, statements about the Contest and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Contest Organizer in any manner or medium whatsoever, including print, broadcast or the Internet. If a selected Participant: a) fails to correctly answer the skill-testing question; b) fails to return the duly signed Contest documents within the specified time; c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or d) is in violation of these Rules (as determined by the Contest Organizer at their sole and absolute discretion); then said Participant will be disqualified (and will forfeit all rights to the Prize) and the Contest Organizer reserves the right, at their sole and absolute discretion and time permitting, to randomly select an alternate eligible Participant from among the remaining eligible Entries received at the time the initial draw took place (in which case the foregoing provisions of this section shall apply to this newly selected Participant).
9. GENERAL CONDITIONS :
The Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Contest Organizer with respect to all aspects of this Contest are final and binding on all Participants without right of appeal. ANYONE DEEMED BY THE CONTEST ORGANIZER TO BE IN VIOLATION OF THE LETTER AND SPIRIT OF THESE RULES, FOR WHATEVER REASON, IS SUBJECT TO DISQUALIFICATION AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST ORGANIZER.
The Released Parties will not be held liable for: i) any failure of a website and/or platform, whatever they may be, during the Contest; ii) any technical malfunction or other problem of any nature whatsoever, including but not limited to, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; iii) the failure of any Entry, Request and/or other information to be received, captured or recorded for any reason whatsoever, including but not limited to, because of technical problems or traffic congestion on the Internet or at any website; iv) any injury or damage to a Participant’s or any other person’s computer or other device related to or resulting from their Entry to this Contest; v) anyone being incorrectly and/or erroneously identified as a winner or selected Participant; and/or vi) any combination of the above.
Further, Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in a Participant’s email account that would render them unable to receive emails.
Released Parties are not responsible for incorrect or inaccurate entry information, whether caused by a Participant or by any of the equipment or programming associated with or utilized in the context of the Contest or by any technical or human error, which may occur in the transmission, receipt, or processing of codes.
Winners recognize that, from the time that they accept a Prize, the performance of obligations related to said Prize becomes the complete and exclusive responsibility of the designated service providers with respect to portions not delivered by the Contest Organizer, if applicable.
The Contest is not in any way sponsored, endorsed or administered by, or associated with, Lagostina. Information is provided to the Contest Organizer and not Lagostina. Questions, comments or complaints related to the Contest must therefore be addressed to the Content Organizer and not Lagostina.
The Contest Organizer reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Contest Organizer that would compromise the proper conduct of this Contest, as outlined in these Rules, including, without limitation, pandemics, natural disasters, public enemies, wars, civil strife, fires, floods, explosions, labour disputes, strikes or any other act or order by a governmental authority. The same applies to any error, problem, computer virus or bug, tampering, unauthorized intervention, fraud or failure of any kind whatsoever that would compromise the proper conduct of this Contest. Any attempt to undermine the legitimate running of this Contest in any way (as determined by the Contest Organizer at their sole and absolute discretion) could constitute a violation of criminal and civil laws and should such an attempt be made, the Contest Organizer reserves the right to claim damages to the fullest extent permitted by law. The Contest Organizer reserves the right, subject only to the approval of the Régie in Québec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way, without prior notice or obligation, in the event of an accident, a printing error, an administrative error, or an error of any kind, or for any other reason.
The Contest Organizer reserves the right, at their sole and absolute discretion, to administer an alternate aptitude test, as they deem appropriate according to circumstances or to comply with applicable law.
The Contest Organizer reserves the right, subject only to the approval of the Régie in Québec, to adjust the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Contest Organizer, for purposes of verifying compliance by any Participant, Entry, Request and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Organizer, at their sole and absolute discretion, compromise the proper administration of the Contest as outlined in these Rules, or for any other reason.
Any decision of the Contest Organizer regarding any aspect of this Contest, including, without being limited to, the eligibility and disqualification of Entries, shall be final and without appeal, subject to a ruling by the Régie.
RESIDENTS OF QUEBEC ONLY : Any litigation concerning the conduct or organization of a publicity Contest may be submitted to the Régie des alcools, des courses et des jeux in order to bring about a ruling. Any litigation related to the awarding of a Prize may be submitted to the Régie for the sole purpose of helping parties reach a settlement.
Subject to the provisions of the preceding paragraph regarding matters that fall under the jurisdiction of the Régie des alcools, des courses et des jeux du Québec, as a prior condition of entry in this Contest, every Participant agrees that disputes that cannot be settled between parties, and all causes for action arising out of or connected with this Contest, must be settled on a case-by-case basis, without recourse to any form of class action, and exclusively before a competent court in Montreal, Quebec, which must apply the laws of the province of Quebec.
Entries are the exclusive property of the Contest Organizer and will at no time be returned to Participants.
The Contest Organizer is the sole owner of the Contest material and promotional products, as well as intellectual property rights thereto. Nothing in these Rules shall be construed so as to confer any right whatsoever to Participants in this regard.
Subject to the provisions of these Rules, there will be no communication or correspondence with Participants, except with the winners of a Prize.
For the purposes of these Rules, the Participant is the person whose name appears on the Entry form and, subject to the terms hereof, the Prize will be awarded to this person should they be declared a winner.
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, including, but not limited to, the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Contest Organizer, the French version of the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of a provision of these Rules shall not affect the validity or enforceability of all other remaining provisions. In the event that a provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with its other provisions as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Participants, the Contest Organizer or all other Released Parties in connection with this Contest will be governed by and construed in accordance with the Canadian federal laws applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that could cause the application of any other jurisdiction’s laws.
A copy of the Rules and the names of winners may be obtained upon written request to:
Celsius Communications Inc.
810 —160 St. Viateur Street East