RULES AND REGULATIONS
Nestlé® Pure Life® Sparkling Rethink Your Drink Contest
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 (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 Nestlé® Pure Life® Sparkling Rethink Your Drink Contest (the “Contest”) commences at 12:00:01 AM Eastern Standard Time (“EST”) on April 29, 2016 and ends at 11:59:59 PM EST on June 10, 2016 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on June 10, 2016 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
2. The Contest is open only 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., including its Nestlé Waters Canada division, (the “Sponsor”); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (iv) 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. This Contest takes place online at www.sparkling7daychallenge.ca (the “Contest Page”) and is free to enter. This Contest requires you to have internet connection. If you do not have internet connection, many public libraries, retail businesses and others offer free computer and internet services.
5. Take the following steps during the Contest Period to receive one (1) entry into this Contest, subject to these Rules, and a chance to win one of the Contest prizes (the “Prizes”):
o Sign in to myNestlé.ca with your myNestlé account credentials. If you do not have a myNestlé account, follow the prompts on the Contest Page to open an account. Registration on MyNestlé is free of charge.
o Upon completing the MyNestlé sign-in, complete the entry form (the “Contest Entry”) at the Contest Page by inputting your name, and a valid email address, telephone number, postal code along with your personal “Water Wisdom” and reason behind your desire to make wellness changes in your life.
Any Contest Entry 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.
6. Limit one (1) Contest Entry per person, regardless of the MyNestlé account, email address, telephone number, mailing address, or other information associated with the account used to enter this Contest. 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.
7. 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 and failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
Contest Entry Restrictions
8. By participating in this Contest and completing the Contest Entry form on the Contest Page, each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such contest entry, that:
a) it is original to him/her, it is not a duplicate or modified version of any other Contest Entry previously entered in the Contest by another entrant or in any other contest or promotion and he/she has all necessary rights in the Contest Entry and all of its components to enter it in the Contest;
b) at the time that it is provided, any information contained within the Contest Entry 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 Contest Page, 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 license 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, without limitation, any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property; and
i) the Contest 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 Nestlé Pure Life brand.
9. BY SUBMITTING A CONTEST ENTRY, EACH ENTRANT AGREES THAT THE CONTEST ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, IN RELATION TO ANY CONTEST ENTRIES, INCLUDING, WITHOUT LIMITATION, IN RELATION TO ANY USE MADE OF ANY SUCH CONTEST ENTRIES BY THE RELEASEES.
10. Any Contest Entries that the Sponsor deems, at any time, in its sole and absolute discretion, to be in violation of these Rules may be removed from the Contest Page and will not constitute eligible entries in the Contest.
Use of Contest Entries
11. By entering the Contest and submitting a Contest Entry on the Contest Page, each entrant:
a) grants to the Sponsor and its agents and designees, in perpetuity, a non-exclusive, worldwide, irrevocable, royalty-free license to publish, display, reproduce, modify, edit or otherwise use the Contest Entry, 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 Contest Entry 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 Contest Entry; and
c) agrees to release, defend and indemnify the Releasees 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 Contest Entry or the use of the Contest Entry in any way by the Releasees 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
12. There are a total of three (3) Prizes available to be won at the outset of this Contest. Each Prize consists of the following elements:
a) Air travel to Toronto, Ontario for (2) the Prize winner and his or her prize traveler (collectively, the “Prize Participants”) from the major international airport in Canada closest to the Prize winner’s residence at the time of entering the Contest (the “Departure Point”)
b) (unless prize winner lives within a 500km driving radius of Toronto, in which case a gas card will be given to the individual, the value of which will be determined by the Sponsor in its sole discretion) (the Prize Participants for each Prize must travel on the same itinerary, transportation for the Prize Participants to/from such airport is at their own cost and the airline and other airfare details are to be selected by the Sponsor in its sole and absolute discretion);
c) Two nights’ accommodation in (1) one standard room at the Four Seasons Hotel, 60 Yorkville Avenue, Toronto, Ontario (Friday, September 23 and Saturday, September 24, 2016) or hotel comparable.
d) Spa services (up to $250 each) for (2) two at the Four Seasons Hotel, 60 Yorkville Avenue, Toronto, Ontario;
e) Dinner for (2) two at Café Boulud, 60 Yorkville Avenue, Four Seasons Hotel, Toronto;
f) Fitness class for (2) at location in Toronto.
The approximate retail value of each Prize is two thousand Canadian dollars ($2,000 CAD), which may vary depending on the city of residence of the Prize winner. Each confirmed winner will receive one of the three Prizes, which will be awarded when the winner completes the required declaration forms. The approximate odds of winning a Prize depend on the total number of eligible entries received during the applicable Contest Period.
13. Limit of one (1) Prize per household during the Contest Period.
14. Acceptance of the Prize is subject to these Rules, including, without limitation, the following terms and conditions:
a) The Prize winner and each 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.
b) The applicable Prize Participants must work with the Sponsor, or a third party travel agent of the Sponsor’s choice, to schedule each Prize trip. Each Prize trip must take place on Friday, September 23 and Saturday, September 24, 2016. No Prize trip will be rescheduled or substituted once reserved.
c) The Releasees are 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 Departure Point, ground transportation, meals, airport taxes, telephone, fax or cable charges, personal services and expenses such as laundry, valet and room service, gratuities, optional tours, insurance and other incidental costs or expenses of the Prize Participants related to their participation in or use of the Prize.
d) The Prize Participants will be responsible for obtaining all the necessary medical approvals (including, without limitation, inoculations), administrative documents (including, without limitation, passports and visas) and any permits/authorizations required for, and for complying with all laws and regulations relating to, the Prize trip. The Releasees shall not be held liable in the event that any Prize Participants are unable to benefit from the Prize, or any part thereof, because of having failed to complete or comply with such requirements.
e) The Releasees 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.
f) The Releasees make 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.
g) Neither the Sponsor nor any of the other Releasees is a travel agency or a transportation company, and they cannot guarantee the Prize Participants against any damage, loss, harm or inconvenience which might be suffered by them in the context of the Prize. The Prize Participants are responsible for having all necessary insurance coverage for all such damages, losses, harm and inconvenience as well as full insurance coverage for health, accident, repatriation and personal liability. Proof of insurance may be requested to obtain the Prize.
15. 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.
16. 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
17. A random draw (the “Prize Draw”) to award the Prizes, subject to these Rules (including the verification and skill-testing question requirements), will be held on June 13, 2016, at approximately 2:00 PM EST in Toronto, Ontario, from all eligible Contest entries received during the Contest Period.
18. If, for any reason whatsoever, by the time of the Prize Draw no eligible entries have been received or there is an insufficient number of eligible entries to award all of the Prizes, those Prizes will not be awarded.
19. The Sponsor and/or its representatives may respond to Contest Entries or otherwise 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.
20. Within two (2) days of the date on which his/her entry is selected as a potential winner, the potential winner of each Prize will be notified via email. If the potential winner fails to respond to such email within seventy-two (72) hours, 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. After initial contact is made via email, a potential winner must provide contact details including a phone number and physical home address. The potential winner will then receive official notification via email or certified or overnight mail delivery. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize. No communications will be entered into other than with the potential winners.
Declaration and Release and Skill-Testing Question
21. Before being confirmed as a winner of a Prize, each potential winner and his or her Prize Participant 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 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 or the internet.
22. 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.
23. 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.
24. 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.
25. 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
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. In the event of a dispute as to any entry, the authorized holder of the email address used to submit the entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized holder of the account” is the natural person assigned a account by the organization responsible for assigning accounts. All entries received become the property of the Sponsor and will not be returned or acknowledged.
33. 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.
34. 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 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 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant or user of the Contest Page to participate in the Contest or use the Contest Page.
40. 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.
41. 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.
42. 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.
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.
43. 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.
44. A copy of these Rules is available on the Contest Page. 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 Contest Page.