Perrier® Greenhouse Instagram Contest Official Rules (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID IN CANADA ONLY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS/WHO MAY ENTER AS SET FORTH BELOW.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC. Information is being provided to the Sponsor (defined below), not to Instagram, LLC. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Instagram, LLC. Your participation in this Contest must at all times comply with all applicable Instagram terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Contest.
1. Contest Name: Perrier® Greenhouse Instagram Contest (the “Contest”).
2. Promotion Period: The Contest is scheduled to begin on June 14, 2016 at 12:00:01 AM Eastern Time (ET) and the collection of entries ends on June 28, 2016 at 11:59:59 PM (ET) (the “Promotion Period”). All entries must be received by 11:59:59 PM EST on June 28, 2016 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted. The Contest is subject to all applicable federal, provincial and local laws and regulations and is void outside Canada, and where prohibited.
3. Eligibility Requirements/Who May Enter: The Contest is open to legal residents of Canada only, who are over the age of majority in their province of residence and the provinces in which the Pemberton Music Festival, the Way Home Music Festival and the Osheaga Music Festival (each, a “Festival”)take place as of date of entry, except the following persons who are not eligible to enter or win: Employees, officers and directors (and those with whom they reside, whether related or not) of Nestlé Waters Canada, a division of Nestlé Canada Inc. (“Sponsor”), the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”), and each of their respective franchisees, parents, affiliates, subsidiaries, members, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Contest (collectively, including the Sponsor, the “Contest Parties”).
4. How to Enter: No purchase necessary. The Contest takes place on Instagram. To participate, you must have a valid Instagram account. If you do not have a valid Instagram account, visit www.instagram.com and follow the online instructions to register for a free Instagram account. Once you have your own personal Instagram account, take the following steps during the Promotion Period to receive one (1) entry into the Contest, subject to these rules, and a chance to win one of the Contest prizes (the “Prizes”):
a) follow the @PerrierCanada Instagram account;
b) find the comment relating to the Contest (the “Promoted Comment”). There will be different Promoted Comments depending on the Festival that the Prize relates to. The different Festivals will be expressly referred to in the Promoted Comments;
c) tag a friend in the Promoted Comment (collectively, the “Entry Post”).
By following the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules. Any Entry Post that does not follow the above format, or that otherwise fails to meet the requirements of these Rules, as determined by the Sponsor in its sole and absolute discretion, will not constitute an eligible entry in this Contest. By following the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules.
If the Instagram account you use to submit your Entry Post is set to “Protected Mode” or is otherwise unavailable to the Sponsor, your Entry Post may not be visible to the Sponsor. Any Entry Post that is not visible to the Sponsor will not constitute an eligible entry in the Contest. To ensure your Entry Post is visible to the Sponsor, set your Instagram account to public mode. The Sponsor shall bear no legal liability, express or implied, in relation to any Entry Posts that are not visible to the Sponsor.
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.
One (1) entry per Festival per person. One (1) entry will be received for the Entry Post in which you comment on to a maximum of one (1) entry per comment per Festival for a total of three (3) entries – one (1) per Festival.
6. Prize, and Odds of Winning:
There are three (3) types of Perrier® Greenhouse Instagram Prizes based on the three (3) different Festivals, with twelve (12) Prizes in total. Limited of one (1) Prize per person. The prizing details are as follows:
Pemberton Music Festival Prize:
There are a total of five (5) Pemberton Music Festival Prizes (the “Pemberton Music Festival Prizes”) available to be won at the outset of this Contest. The Pemberton Music Festival Prizes consist of two (2) three (3) day general admission tickets to the Pemberton Music Festival taking place July 14-17, 2016 in Pemberton, British Columbia. Any additional costs such as transportation to and from the event, parking, food, alcohol, lodging, etc. are the responsibility of the winners.
The odds of winning a Pemberton Music Festival Prize will depend on the number of entries received during the Promotion Period. The approximate retail value of each Pemberton Music Festival Prize is $315.00 CDN.
Way Home Music Festival:
There are a total of five (5) Way Home Music Festival Prizes (the “Way Home Prizes”) available to be won at the outset of this Contest. The Way Home Prizes consist of two (2) three (3) day general admission tickets to the Way Home Music Festival taking place on July 22-24, 2016 in Oro-Medonte, Ontario. Any additional costs such as transportation to and from the event, parking, food, alcohol, lodging, etc. are the responsibility of the winners.
The odds of winning a Way Home Prize will depend on the number of entries received during the Promotion Period. The approximate retail value of each Way Home Prize is $279.00 CDN.
Osheaga Music Festival Prizes:
There are a total of two (2) Osheaga Music Festival Prizes (the “Osheaga Music Festival Prizes”) available to be won at the outset of this Contest. The Osheaga Music Festival Prizes consists of two (2) three (3) day general admission tickets to the Way Home Music Festival taking place July 29-31, 2016 in Parc Jean-Drapeau, Montreal. Any additional costs such as transportation to and from the event, parking, food, alcohol, lodging, etc. are the responsibility of the winners.
The odds of winning an Osheaga Music Festival Prize will depend on the number of entries received during the Promotion Period. The approximate retail value of each Osheaga Music Festival Prize is $310.00 CDN.
Acceptance of any Prize is subject to these Rules, including, without limitation, the following terms and conditions:
a) The Prize winner and the other prize participant that they select to attend the Festival (each, a “Prize Participant”) must sign a consent and release document, in the form provided by the Sponsor, in respect of his/her participation in the Prize. The Prize winner and the Prize Participants must be over the age of majority in the Province or Territory in which they reside as well as the province in which the festival is taking place (British Columbia, Ontario and Quebec, respectively). The winner is not required to take the friend they have tagged in the Entry Post to the Festival.
b) The Sponsor shall not be held responsible if a force majeure or other factor beyond its reasonable control prevents the Prize or any part of the Prize from being fulfilled. In any such event, the Prize winner will not be provided with a substitute or cash equivalent for the Prize, or any such part of the Prize.
c) The Sponsor makes no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Prize. The Prize Participants assume full responsibility for any and all damages, losses or injuries of any kind that may arise while participating in and making use of the Prize, including, without limitation, all related travel.
d) Due to the nature of each Prize, no alternative dates are available. In the event that the Prize winner is unable to participate in the Prize during this time, he or she will have forfeited the Prize and the Prize winner will not be provided with a substitute or cash equivalent. In the event that any other Prize Participant is unable to accompany the Prize winner to the Festival, that portion of the Prize will have been forfeited and the Prize winner will not be provided with a substitute or cash equivalent.
e) The Sponsor is not responsible for paying any other expenses or charges not included in the above description of the Prize, including, without limitation, any travel to and from the Festival, ground transportation, meals, airport taxes, telephone, fax or cable charges, personal services and expenses and other incidental costs or expenses of the Prize Participants related to their participation in or use of the Prize.
f) The Sponsor makes no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Prize. The Prize Participants assume full responsibility for any and all damages, losses or injuries of any kind that may arise while participating in and making use of the Prize, including, without limitation, all related travel.
All Prizes are non-transferable and no cash redemption or Prize substitution is allowed, except at the Sponsor’s sole and absolute discretion or as provided herein. The Sponsor reserves the right to substitute a Prize of equal or greater value, at its sole discretion. The Prize winners will not be entitled to the difference, if any, between the actual and approximate retail value.
If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be awarded according to these Rules, or in the event that due to such error, a valid Prize claim is revealed, making the number of valid Prize claims greater than the number of Prizes available under these Rules, a random draw will be held after the Contest closes from amongst all eligible Prize claimants to award the remaining number of advertised Prizes. In no event will the Sponsor be liable for more than the stated number of Prizes in these Rules.
In order to win, each potential winner must first correctly answer a mathematical, skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise.
7. How Prizes are Awarded: A random draw for the Prizes will be held at approximately 4pm EST at 10-3405 American Drive Mississauga, Ontario, L4V 1T6 from all valid entries submitted during the Promotion Period as per the following schedule, depending on the specific Prize:
Pemberton Music Festival Prize
June 20, 2016
Way Home Music Festival Prize
June 24, 2016
Osheaga Music Festival Prize
June 29, 2016
Each potential winner will then be notified initially by phone or email beginning on the following business day. If the Contest Administrator is unsuccessful in its attempts to reach and speak directly with a potential winner by phone or email after three attempts over a 3-day period to the phone number(s) listed on that potential winner’s entry, then that potential winner will be disqualified and, at the Sponsor’s sole and absolute discretion, an alternate winner will be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above. During the winner notification phone call, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the Prize. The winner will then receive official notification via email or certified or overnight mail delivery.
If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, is unable or unwilling to accept the Prize as offered, or elects to decline the Prize, s/he will be disqualified and, at Sponsor’s sole and absolute discretion, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified winner will not receive any alternate prize substitution or compensation.
Before being confirmed as a winner all Prize selected entrants will be required to complete and return, within three (3) days of date of receipt, a Declaration and Release of Eligibility and Compliance with these Rules; the (“Prize Winner Documents”) which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties and each of their respective parents, affiliates, subdivisions, officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with the Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, 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 Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected entrant fails to return the properly executed Prize Winner Documents within the specified time then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).
Upon receipt of the completed Prize Winner Documents, the winner will be contacted to make further arrangements.
The Sponsor and/or its representatives may respond to Entry Posts or otherwise engage with Contest participants during the Promotion Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with these Rules.
8. Additional Rules & Restrictions: By participating in the Contest, entrants agree to abide by and be bound by the Rules and the decisions of the Sponsor, which shall be final in all matters relating to the 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 the Prize has been used.
False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
Incomplete, altered, mutilated or garbled entries/registrations will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries/registrations, or for entries/registrations submitted in a manner that is not expressly allowed under these Rules, or for any registration not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections; all of which will be disqualified. The Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to errors in advertising, the Rules, the selection or announcement of the winner or the distribution of the Prize.
Each participant must submit an entry/registration and participate in the Contest on his/her own behalf. Any entry/registration submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address or name will be disqualified and ineligible to claim the Prize. Any use by a participant of multiple/different email addresses, identities, or any other methods which may subvert the entry process will void that participant's entries/registrations and that participant will be disqualified. Entries/registrations by any means which subvert the entry/registration process will be void. Use of any automated system to participate or subvert the entry/registration process is prohibited and will result in disqualification and all such entries will be deemed void. Any attempt to manipulate, tamper with, or defraud any element of the Contest will result in disqualification and all Contest attempts or entries received from such participant will be deemed void.
In the event of a dispute as to any entry/registration, the authorized account holder of the e-mail address used to register for the Contest 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 e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. All entries/registrations received become the property of the Sponsor and will not be returned or acknowledged.
By participating, entrants agree to hold all Releasees harmless from any 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 the Contest, or the acceptance, possession or use/misuse of the Prize, or participation in prize-related activities (including but not limited to activity related thereto), and to assume all liability therefore. The Releasees make no warranty, guaranty or representation of any kind concerning the Prize and disclaim any implied warranty.
The Releasees shall not be liable to winner or any other person for failure to supply the 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, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause.
Subject to applicable law, the Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable, to cancel, amend or suspend these Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or technical failure of any kind, or for any other reason. In the event of early termination of the Contest, Sponsor reserves the right to determine the Prize winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
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.
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.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 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, Instagram, LLC 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
d) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
9. IN CASE OF DISPUTES: Except where prohibited by law, by participating, each entrant agrees that (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event will entrant be entitled to receive lawyers' fees or other legal costs; and (2) 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.
11. 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.
12. A copy of these Rules is available at madewithnestle.ca/Perrier/GreenhouseInstagramContestRules. 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.