The #HowDoYouSmarties® Contest Official Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. 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.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc or Instagram, LLC. Information is being provided to the Sponsor (defined below), not to Facebook, Inc or Instagram, LLC. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook, Inc or Instagram, LLC. Your participation in this Contest must at all times comply with all applicable Facebook and 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. The #HowDoYouSmarties® Contest (the “Contest”) commences at 12:00:01 PM EST on Friday April 1 2016 and ends at 11:59:59 PM EST on Sunday July 31 2016 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on Sunday July 31 2016 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
2. The Contest is only open to all legal residents of Canada who are thirteen (13) years of age or older 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. 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
4. NO PURCHASE NECESSARY. A valid email address is required to participate in the Contest. Entrants must also have a valid personal account on at least one of Facebook and/or Instagram (each, a “Social Platform”). Many public libraries, retail businesses and others offer free computer and internet access and a number of internet service providers and other companies offer free email addresses. The Social Platforms are also free and can be accessed at locations with free computer and internet access.
Enter using FACEBOOK - Log into Facebook using your own personal account (or create an account if you do not have an existing Facebook account). Go to SMARTIES Canada’s Facebook Page (www.facebook.com/SmartiesCA). At the top of SMARTIES Canada’s Facebook Page, you will see the Official Contest Post – which will be clearly indicated and highlighted at the top of the page for the duration of the Contest. Within the comments (also known as the “thread”) of the Official Contest Post, you will need to:
(a) Share your ‘SMARTIES” moment in the form of a Comment or Picture or Video
(b) Use the official Contest hashtag #HowDoYouSmarties or #mesSMARTIES
(c) Push ‘enter/return’ to post
Once your post has been published to the Official Contest Post thread, you will have successfully entered the Contest. By posting according to the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules.
Enter using Instagram - This Contest takes place on Instagram, and requires you to have a valid user account with Instagram to enter. Registration on Instagram is free: download the Instagram app onto your smart phone or tablet device and follow the onscreen instructions to register.
When logged in to Instagram, and the Instagram account is set to “Public”, open the camera icon within the app and simply 1) take a picture or video of your SMARTIES moment or 2) choose an existing SMARTIES moment from your library. Include #HowDoYouSmarties? or #mesSMARTIES along with your description copy within the Caption field.
On Instagram, you can also comment within an existing post, post must be published during the contest period, on Smarties_ca page made using # HowDoYouSmarties? or #mesSMARTIES for an entry into the contest .
Any entry post on Facebook or Instagram (each an “Entry” or “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.
5. If the Social Platform 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 Social Platform to “public” mode. The Releasees shall bear no legal liability, express or implied, in relation to any Entry Posts that are not visible to the Sponsor.
6. By participating in this Contest and posting an Entry Post to either of the Social Platforms, each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such Entry Post, that:
(a) original to him/her, it is not a duplicate or modified version of any other Entry Post 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 Entry Post and all of its components to enter it in the Contest;
(b) at the time that it is provided, any information contained within the Entry Post 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 Platforms, any 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 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;
(f) it does not contain any personal information, including, without limitation, personal names, email addresses, street addresses, other contact information or licence plate numbers;
(g) it does not contain any commercial messages or URLs or links to other websites;
(h) 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 any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
(i) the Entry 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 or of the SMARTIES brand; and
(j) it does not and will not, in any way, violate any applicable Facebook or Instagram rules or terms or any applicable laws or regulations.
7. All Entry Posts will be reviewed for content eligibility and compliance with these Rules before being entered into the Contest. Entry Posts containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. The Sponsor makes the final determination as to what Entries are eligible to take part in this Contest. An Entry Post is not deemed to be eligible solely by virtue of having been posted on social media or other media by the Sponsor. BY POSTING AN ENTRY POST, EACH ENTRANT AGREES THAT THE ENTRY POST COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, IN RELATION TO ANY ENTRY POSTS, INCLUDING, WITHOUT LIMITATION, IN RELATION TO ANY USE MADE OF ANY SUCH ENTRY POSTS BY THE RELEASEES.
8. Limit of one (1) Entry per person per Social Platform per day. Once an entrant has reached this 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. Further, if any entrant attempts to obtain more than the specified number of entries, the Sponsor may, in its sole and absolute discretion, disqualify the entrant from the Contest and disqualify all of that entrant’s entries.
9. To be eligible, entries must be received during the Contest Period. 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.
Use of Entry Posts
10. By entering the Contest and posting an Entry Post to either of the Social Platforms, 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 Entry Post, 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;
(b) waives any and all moral rights the entrant may have in and to the Entry Post 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 Entry; and
(c) agrees to release, defend and indemnify the Releasees, Facebook, Inc. and Instagram, LLC. from any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, arising out of or relating in any way to the Entry Post or the use of the Entry Post in any way by the Releasees or Facebook, Inc. or Instagram, LLC., including, without limitation, any and all liability, claims, losses, actions and damages based upon rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
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 is a total of one (1) Grand Prize (“Grand Prize”) available to be won at the outset of this Contest. The Grand Prize consists of ten thousand dollars Canadian ($10,000.00 CAD). The approximate odds of winning the Prize depend on the total number and caliber of eligible entries received during the Contest Period.
How Prize is Awarded
12. A random draw (a “Grand Prize Draw”) to award the Grand Prize, subject to these Rules (including the verification and skill-testing question requirements), will be held on Monday August 8, 2016, at approximately 2:00 PM EST in Toronto, 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 the Grand Prize available to be won. If, for any reason whatsoever, by the time of the Grand Prize Draw, no eligible entries have been received, the Prize will not be awarded. The Sponsor and/or its representatives may respond to Entry Posts or otherwise engage with Contest participants during the Contest Period, but such interactions will have no impact on the process through which Prize is awarded in accordance with these Rules.
13. The selected entrants will be contacted by direct message via the eligible Social Platform used by the entrant to enter the Contest by a representative of the Sponsor and will be asked to provide a telephone number where they can be reached.
14. If a selected entrant cannot be reached by direct message by the Sponsor within 5 days of the original contact, or cannot be reached by telephone by the Sponsor within 3 attempts, the selected entrant fails to correctly answer the skill-testing questions, or if, for any other reason, the Prize cannot be awarded, 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 selected entrant must sign and submit to the Sponsor a declaration and release that may include, without limitation, authorization for the Sponsor and its agents to announce and publish the selected entrant’s name, address (city and province only) and/or photograph or image or other likeness, without further compensation, at any time and from time to time, in any future publicity. Such declaration and release must be received by the Sponsor at the office of the agency administering the Contest by email to be provided to the potential winner, within 5 business days following the date that the selected entrant was first contacted by the Sponsor.
Declaration and Release and Skill-Testing Question
15. Before being confirmed as the winner of the Prize, the potential winner must complete and return, within five (5) 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.
16. Further, prior to being confirmed as a winner of the Prize, the 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.
17. If the potential winner fails to return the properly executed Declaration and Release within the specified time period, or where applicable, his/her guest’s properly executed consent and release documents, 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.
18. 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 will be disqualified and 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. Any disqualified winner will not receive any alternate prize, substitution or compensation.
19. Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, the winner will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
21. 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 the 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.
22. 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.
23. 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 Grand Prize Draw, the cancellation of any element of the Prize, the processing of entries or in the selection or announcement of the Prize or Prize winner.
24. 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.
25. 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 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.
26. In the event of a dispute as to any entry, the authorized account holder of the Social Platform account 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 a Social Platform account by a Social Platform channel, online service provider or other organization. All entries received become the property of the Sponsor and will not be returned or acknowledged.
27. 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.
28. 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. 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. or 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.
29. The Releasees shall not be liable to the Prize winner 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.
30. 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 winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
31. 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.
32. The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant to participate in the Contest.
33. 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 websites or applications, 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.
34. 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.
35. 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.
36. 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.
37. 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 the prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
38. A copy of these Rules is available on at www.smarties.ca (the “Website”). If you have any questions regarding the Contest, or if you would like a list of the Contest winner once he/she is named, please contact the Sponsor through its contact information on the Website.