Aero S'mores Rules
Contest NameShare Your Aero S’mores Moments
Official Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY, EXCLUDING THE PROVINCE OF QUEBEC (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
1. The Share Your Aero S’mores Moments Contest Name (the “Contest”) commences at 12:00:01 AM EST on June 29th, 2019 and ends at 11:59:59 PM EST on August 10, 2019 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on August 10, 2019 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
2. The Contest is only open to legal residents of Canada, excluding the Province of Quebec, who have reached the age of majority in their Province or Territory of residence at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) Nestlé Canada Inc., (the “Sponsor”); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Contest Entities”. For the purposes of these Rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Contest.
3. In addition to the foregoing requirements, a person is only eligible to enter the Contest as described below if he or she is an owner of the photo and provide consent to publish the photo on the contest website and on sociale.
4. An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How To Enter
5. NO PURCHASE NECESSARY. Purchase is not required to enter the Contest and will not improve your chances of winning. This Contest takes place on the www.madewithnestle.ca/aero-contest (“the Contest Website”) and requires you to submit a digital photograph of s’mores being made or consumed.
6. Take the following steps during the applicable Contest Period to receive one (1) entry into this Contest, subject to these Rules, and a chance to win one (1) of the Contest prizes (the “Prizes”):
a) Take a digital photograph of s’mores being made or consumed (a “Photo”)
b) Upload the photo using the mechanism on the Contest Website
The above Contest entry requirements constitute (the “Entry Form”)
Any available opt-in opportunities are not required to enter this Contest, and checking any opt-in boxes will not improve your chances of winning.
Limit of one (1) unique entry per person per day, regardless of the email address, telephone number, mailing address or other information provided in the Entry Form. A Photo single photo may only be entered into the contest one (1) time, but there is no limit to the amount of unique entries over the duration of the Contest Period. Once an entrant has reached this daily limit, any additional entries submitted by an entrant in excess of this limit will be disqualified and will not constitute eligible entries in the Contest.
All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
7. By participating in this Contest and posting one (1) or more Photos to the Contest Website, each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such Photo, that:
a) it is original to him/her, it is not a duplicate or modified version of any other Photo previously entered in the Contest or in any other contest or promotion, it has never been previously exhibited publically outside of this Contest and he/she has all necessary rights in the Photo and all of its components to enter it in the Contest;
b) at the time that it is provided, any information contained within the Photo is true, accurate, complete and not misleading;
c) it does not contain any viruses, bugs or other elements that could impair, slow down or otherwise cause damage to the Social Media Platform, any other Sponsor property or the property of third parties;
d) it does not contain any reference to or likeness of any third parties unless consent has been obtained from all such individuals (if any third parties are under the age of majority in their province or territory of residence, consent must be obtained from such individual’s parent or legal guardian);
e) it is in .jpg or .png format, is no larger 3 megabytes, is of a good technical quality (resolution, clarity and lighting) and not treated, edited or otherwise modified (including, without limitation, through Photoshop® software or its equivalent) and is not a composite of several images (however, Instagram filters are allowed);
f) it is not obscene, indecent, threatening, harassing, abusive or otherwise inappropriate, including, without limitation, through the depiction of violent, humiliating, derogatory, racist, sexist, illegal, risky or vulgar scenes;
g) it does not include or display any text;
h) it does not contain any personal information, including, without limitation, personal names, email addresses, street addresses, other contact information or licence plate numbers;
i) it does not contain any commercial messages or URLs or links to other websites or any identifiable third party products, trademarks, brands or logos (for example, any clothing worn by individuals appearing in the Photo must not bear any visible logos or brands of third parties);
j) it does not, and will not, in any way, give rise to any claims of infringement or defamation, give rise to any claims for any payment whatsoever or breach the rights of any third parties, including, without limitation, any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
k) the Photo and the associated entrant and entry information does not, and will not, in any way, harm, defame or impair the public image and goodwill of the Sponsor; and
8. BY POSTING A PHOTO, EACH ENTRANT AGREES THAT THE PHOTO COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, IN RELATION TO ANY PHOTOS, INCLUDING, WITHOUT LIMITATION, IN RELATION TO ANY USE MADE OF ANY SUCH PHOTOS BY THE RELEASEES.
9. Any Photos that the Sponsor and/or its moderator deem, at any time, in their sole and absolute discretion, to be in violation of these Rules may not be posted or may be removed from the Contest Page and will not constitute eligible entries in the Contest.
Use of Photos
10. By entering the Contest and posting a Photo to the Contest Page, each entrant:
a) grants to the Sponsor and its agents and designees, in perpetuity, a non-exclusive, worldwide, irrevocable, royalty-free licence to publish, display, reproduce, modify, edit or otherwise use the Photo, in whole or in part, in its original form or as edited or modified in any way at the direction of Sponsor, anywhere in the world and in any and all forms of media whatsoever, in connection with this Contest or for any other advertising, promotional, commercial or other lawful purposes whatsoever in the sole and absolute discretion of the Sponsor, including, without limitation, in association with the entrant’s first name and city/province of residence; and
b) waives any and all moral rights the entrant may have in and to the Photo in favour of the Sponsor and its agents and designees, including, without limitation, any person authorized by the Sponsor to publish, display, reproduce, modify, edit or otherwise use the Photo.
All without any limitation of any kind, without any right of approval and without any obligation upon the Sponsor to make any payment of any other compensation or consideration of any kind to the entrant.
Prizes and Odds of Winning
11. There are a total of three Prizes (each, a “Prize”) available to be won at the outset of this Contest. Each Prize consists of Aero S’Mores Kits and other Aero products. The approximate retail value of each Grand Prize is thirty [Insert] Canadian dollars ($30 CAD). The approximate odds of winning a Prize depend on the total number of eligible entries received by the Contest Closing Time.
12. Limit of one (1) Prize per person.
13. All amounts and costs related to any Prizes, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a Prize.
14. A person eligible to win a Prize must accept the Prize as awarded and may not transfer such Prize or substitute or exchange for, or apply the Prize’s value towards, cash or a higher cost or alternative prize. All Prizes are non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis, without any representation or warranty of any kind. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a Prize or for any other reason whatsoever.
How Prizes are Awarded
15. A random draw (a “Grand Prize Draw”) to award the Grand Prizes, subject to these Rules (including the verification and skill-testing question requirements), will be held on [August 15, 2019], at approximately 2:00 PM EST in North York, Ontario from all eligible Contest entries received during the Contest Period. One (1) potential winner will be randomly selected in the Grand Prize Draw for each Grand Prize available to be won. The Grand Prize Draw will be conducted by the Contest Administrator.
16. If, for any reason whatsoever, by the time of a Grand Prize Draw no eligible entries have been received or there is an insufficient number of eligible entries to award all of the Prizes allocated to that Prize Draw, any unawarded Prizes will be awarded during the next applicable Prize Draw. This process will be repeated until all Prizes for the Contest are awarded. If, for any reason whatsoever, any Prizes are not awarded following the completion of the final Prize Draw, those Prizes will not be awarded.
17. The Sponsor and/or its representatives may engage with Contest participants during the Contest Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with these Rules.
18. Each potential winner of a Prize will be notified initially by emailphone beginning within five (5) days of the date on which his/her entry was selected as a potential winner. If the Contest Administrator is unsuccessful in its attempts to reach and speak directly with a potential winner by email after three (3) attempts over a seven (7) day period to the email listed in that potential winner’s Entry Form, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified without liability to the Sponsor. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize. The potential winner will then receive official notification via email or certified or overnight mail delivery. No communications will be entered into other than with the potential winners.
Declaration and Release and Skill-Testing Question
19. Before being confirmed as a winner of a Prize, each potential winner must complete and return, within ten (10) days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
(a) confirms compliance with these Rules;
(b) acknowledges acceptance of the Prize as awarded;
(c) releases the Contest Entities and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
(d) confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet.
20. Further, prior to being confirmed as a winner of a Prize, each potential winner must also correctly answer a mathematical skill-testing question contained in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
21. If a potential winner fails to return the properly executed Declaration and Release within the specified time period, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
22. If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she may will be disqualified at the sole and absolute discretion of the Sponsor and an alternate potential winner will may be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
23. Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
25. By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest, subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
26. Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
27. The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a Prize, the processing of entries or in the selection or announcement of a Prize or Prize winner.
28. Each entrant must submit an entry and participate in the Contest on his/her own behalf. Any entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address, name or other personal information will be disqualified and ineligible to claim any Prize.
29. Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any Entry Form that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
30. In the event of a dispute as to any entry, the authorized account holder of the email address included in the Entry Form for that entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All entries received become the property of the Sponsor and will not be returned or acknowledged.
31. The sole determinant of the time of receipt of an entry for the purposes of determining the eligibility of that entry shall be the Sponsor or Contest Administrator's computer or server.
32. By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
(a) consents to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet;
(b) releases and agrees to defend and indemnify the Releasees, Facebook Inc., Twitter Inc., and Instagram LLC., from and against any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any Prize or participation in prize-related activities (including but not limited to activity related thereto);
(c) agrees not to make any claim against any of the Releasees, Facebook Inc., Twitter Inc., and Instagram LLC., or against any third party that may result in a claim against any of the Releasees, Facebook Inc. or Instagram LLC., in respect of any matter in any way relating to or arising in connection with the Contest; and
(d) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
33. The Releasees shall not be liable to Prize winners or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
34. Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable, to cancel, modify, suspend or terminate the Contest, to change any Contest draw dates and to modify these Rules at any time without notice, for any reason, including, without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
(a) fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
(b) a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
(c) there is any accident or printing, administrative or other error of any kind related to the Contest.
In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
35. Subject only to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable, the Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical 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 Rules.
36. The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant or user of the Website to participate in the Contest or use the Website.
37. 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 Entry Form, the French version of these Rules and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
38. Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
39. If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
40. Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
41. For Quebec residents, 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.
42. A copy of these Rules is available on the Website. If you have any questions regarding the Contest, or if you would like a list of the Contest winners once they are named, please contact the Sponsor through its contact information on the Website.