NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY (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.

Contest Period

1. The KITKAT 2022 Breakation Contest (the “Contest”) commences at 12:00:01 AM EDT on April 1, 2022 and ends at 11:59:59 PM EDT on August 31, 2022 (the “Contest Period”). All winning cards (see rule 4.i) must be submitted & received by 11:59:59 PM EDT on October 31, 2022 (the “Claim Deadline”). Winning cards (see rule 4.i) submitted after the Claim Deadline will not be accepted.

Eligible Persons

2. The Contest is only open to legal residents of Canada, 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 (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. 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).
4. How to Participate:
   NO PURCHASE NECESSARY. There are two (2) ways to participate in the Contest:
   1. WITH PURCHASE METHOD OF ENTRY: Commencing on April 1, 2022 visit any participating store across Canada and purchase a Participating Product (defined below) (which includes: specially marked KITKAT Four Finger candy bars (45g) (UPC 059800000031)(the “KITKAT Four Finger”)), KITKAT Chunky candy bars (49g) (the “KITKAT Chunky”) (UPC 059800201711), and/or KITKAT King candy bars (73g) (the “KITKAT King”) (UPC 059800516419) (each a “Participating Product” and collectively the “KITKAT” or “Participating Products”). Next, open the KITKAT to reveal whether your KITKAT contains a winning game card (the “Winning Card”) to determine if you are eligible to claim a Prize (defined below) (a ”Potential Winner”). A Winning Card will read as follows: “Congratulations, you are a potential winner!” If you are not a Potential Winner, there will be no card whatsoever. If you found a Winning Card, you are eligible to win the Prize (defined below). See Rule 8 for prize details. See Rule 10 on how to claim your prize.
   2. NO PURCHASE METHOD OF ENTRY: To participate in the Contest without purchasing a Participating Product, (the “NP Request”), on a plain piece of paper, hand-print your full name, complete mailing address (including postal code), daytime telephone number (including area code), email address and write a minimum 50 word essay on “Why I love KITKAT”; include a self-addressed postage paid return envelope and mail all of the above-noted contents to: KITKAT 2022 Breakation Contest (No Purchase Request), Dept. 4223, Box 9500 Lakeshore West PO, Oakville ON, L6K 0G4. You will then be mailed back within your self-addressed postage paid return envelope, a coupon for a free KITKAT candy bar (the “Coupon”) in order to participate in the Contest. Requests must be received on or before August 24, 2022 to allow sufficient time for postage or while supplies last. Limit of one (1) Request per outer envelope with sufficient postage. Once you have received the Coupon, use the Coupon to obtain a KITKAT and follow the process set out in Rule 4.I to participate in the Contest. A maximum of 1,000 Coupons will be distributed. Once all 1,000 Coupons have been distributed, no further Coupons will be made available.
   IN ORDER TO CLAIM A PRIZE (SEE RULE 10) YOU MUST KEEP AND SEND IN THE ORIGINAL WINNING CARD. KEEP YOUR WINNING CARD IN A SAFE PLACE.
5. Winning Cards are subject to verification and will automatically be void if not obtained through a participating store across Canada, or if illegible, altered, forged, defaced, mutilated, tampered with or irregular in any way or if the Winning Card contains a printing or other error. Failure to provide your Winning Card to the Sponsor or Contest Administrator by the Claim Deadline and in the manner requested by the Sponsor (see rule 10) may result, at the sole and absolute discretion of the Sponsor, in disqualification of the applicable Winning Card and your disqualification from the Contest. Any Prize awarded on the basis of an invalid Winning Card is forfeited and may be reclaimed by the Sponsor. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Winning Cards, which will be void. All Winning Cards become the property of the Sponsor upon receipt and none will be returned.
6. 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. SEEDING OF WINNING CARDS: A total of three (3) Winning Cards, each associated with one (1) Prize (see rule 8) will be seeded randomly amongst the Participating Products and will be available during the Contest Period (see rule 4 on how to participate in the Contest with or without purchase). One (1) Winning Card (the “KITKAT Four Finger Winning Card”) will be seeded randomly amongst eleven million, four-hundred and forty thousand (11,440,000) KITKAT Four Finger candy bars; one (1) Winning Card (the “KITKAT Chunky Winning Card”) will be seeding randomly amongst two million, seven-hundred and fifty-eight thousand (2,758,000) KITKAT Chunky candy bars; and one (1) Winning Card (the “KITKAT King Winning Card”) will be seeded randomly amongst two million, nine-hundred and seventy-five thousand (2,975,000) KITKAT King candy bars.

Prizes and Odds of Winning

8. There is a total of three (3) prizes (each, a “Prize”) available to be won at the outset of this Contest. Each Prize consists of $10,000 (CAD). Each Prize will be issued in the form of a cheque made payable to the winner as his/her name appears on their Declaration & Release Form (defined below, see rule 12). At the outset of the Contest, the odds of winning a Prize and finding (i) a KITKAT Four Finger Winning Card is one (1) in eleven million, four-hundred and forty thousand (11,440,000); (ii) a KITKAT Chunky Winning Card is one (1) in two million, seven-hundred and fifty-eight thousand (2,758,000) and (iii) a KITKAT King Winning Card is one (1) in two million, nine-hundred and seventy-five thousand (2,975,000) and will change as Prizes are claimed. Limit of one (1) Prize per person. A total of three (3) Prizes are available to be won with only one (1) Prize per Participating Product. Any Prize Claims that are received after the three (3) Prizes have been claimed, for whatever reason, will not be awarded.
9. 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

10. CLAIMING A PRIZE: In order to claim your Prize after you have received a Winning Card, on a plain piece of paper, print your full name, complete address including postal code, date of birth, daytime telephone number, and email address, and mail it, together with your original Winning Card to: Promotion Solutions, KITKAT 2022 Breakation Contest (Game Card)- Dept. 4223, 2390 Bristol Circle-unit 3, Oakville ON, L6H6M5 (the “Prize Claim”). Prize Claim must be received by 11:59 PM (EDT) on October 31, 2022 (the “Prize Claim Deadline”). The Contest Entities are not responsible or liable for Prize Claims received after the Prize Claim Deadline, and Potential Winners are responsible for ensuring their Prize Claim is received before the Prize Claim Deadline. Please be sure to keep a photocopy of your Winning Card for your records, as you will be required to send in the original in order to claim your Prize. It is recommended that the use of registered mail or courier service be used with signature requested. Proof of mailing is not proof of delivery. Unclaimed Prizes will not be awarded or redeemed after the Claim Deadline.
11. PRIZE SELECTION PROCESS: The Contest Administrator will contact each Potential Winner by telephone and/or email within two (2) business days of receipt of the Prize Claim and upon verification of the Winning Card. If a Potential Winner (a) cannot be reached by telephone and/or email and/or mail within ten (10) days of initial notification; (b) fails to correctly answer the skill testing question (see rule 12); (c) fails to return the properly executed Declaration and Release Form (defined below, see rule 12); or (d) fails to provide the original Winning Card in the Prize Claim; then he/she will be disqualified and the Prize will go un-awarded. The Sponsor will not be responsible for failed attempts to contact a selected entrant. Any Prizes that are not won during the Contest Period will not be awarded.
12. WINNER DECLARATION PROCESS:

    Declaration and Release and Skill-Testing Question

    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 & Release Form”) which (among other things):

    1. confirms compliance with these Rules;
    2. acknowledges acceptance of the Prize as awarded;
    3. 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
    4. 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.
13. 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 & Release Form, without assistance of any kind, whether mechanical, electronic or otherwise.
14. If a Potential Winner fails to return the properly executed Declaration & Release Form 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, the Prize will go unawarded.
15. 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 & Release Form, does not provide the original Winning Card, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she may be disqualified at the sole and absolute discretion of the Sponsor and the Prize will go unawarded. Any disqualified winner will not receive any alternate prize, substitution or compensation.
16. Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration & Release Form, winners will be contacted to make further Prize delivery arrangements.

Privacy

17. The Sponsor respects your right to privacy and works at all times to comply with all applicable data protection and privacy laws. Except as expressly set out in these Rules, in the Sponsor’s Privacy Policy (available at https://www.madewithnestle.ca/privacy-policy), or as otherwise agreed to by you, any personal information provided in connection with this Contest will only be collected, used and disclosed by the Sponsor and its third party partners and service providers for the purposes of administering and conducting this Contest, including, without limitation, verification of eligibility and identity and awarding and delivering Prizes. Please note that personal information provided as part of this Contest may be collected in, transferred to and processed and stored in jurisdictions outside of Canada. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by regulatory authorities. The Sponsor will not sell, share or otherwise disclose personal information provided in connection with this Contest to or with third parties or agents, other than to third parties or agents engaged by the Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.

Additional Rules and Restrictions

18. 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 the Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive Prize Claims or acts shall render entrants ineligible for the Prize.
19. Proof of mailing (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled Prize Claims will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged Prize Claims or NP Requests, or for Prize Claims or NP Requests submitted in a manner that is not expressly allowed under these Rules, or for any Prize Claim or NP Request 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 Prize Claims or NP Requests, 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.
20. 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 Prize Claims or NP Requests or in the selection or announcement of a Prize or Winner.
21. Each entrant must submit a Prize Claim 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. If a dispute arises regarding who received the Winning Card, the Winning Card will be deemed to have been submitted by the person who mailed in the Prize Claim with his/her information.
22. By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
    1. 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;
    2. releases and agrees to defend and indemnify the Releasees, 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);
    3. agrees not to make any claim against any of the Releasees or against any third party that may result in a claim against any of the Releasees, in respect of any matter in any way relating to or arising in connection with the Contest; and
    4. acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
23. The Releasees shall not be liable to 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.
24. 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:
    1. fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
    2. a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
    3. 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, the Sponsor reserves the right to determine the Winners from among any Prize Claims received as of the time/date of such termination.

25. 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, in addition to the rights set out in section 24, 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.
26. 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 and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
27. 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 with (i) the laws of the Province of Québec and the laws of Canada applicable therein in respect of residents of the Province of Québec, and (ii) 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 residing outside of Quebec irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
28. 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.
29. 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.
30. 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 Regie only for the purpose of helping the parties reach a settlement.
31. A copy of these Rules is available on contest.kitkat.ca. 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.