“THE CARIBBEAN CARNIVAL” CONTEST
1. CONTEST PERIOD
1.1 The “The Caribbean Carnival” contest (the “Contest”) held by A. Lassonde Inc. (the “Sponsor”) begins on May 30th, 2019 at 10:00:00 a.m. (EDT) and ends on June 28th, 2019 at 10:00:00 a.m. (EDT).
2.1 This Contest is open to residents of Canada only. To be eligible to participate in the Contest, a Participant must (i) be a natural person, (ii) be a legal resident in his or her province or territory, and (iii) be at least 18 years old at the time of registration in the Contest (a “Participant”).
2.2 Employees of the Sponsor and of its partners, affiliates, promotion agencies, representatives and agents and parties involved in the development, production and distribution of material related to this Contest, and any person which whom such persons resides and any member of his or her immediate family are not eligible to participate in the Contest. For the purposes of these Rules, “immediate family” shall include father, mother, brother(s), sister(s), children, husband, wife or partner of such person, whether or not they reside in the same household.
3. HOW TO ENTER
3.1 No purchase necessary. To enter, a Participant must go to the following website: www.delmonte-canada.ca (the “Contest Site”), fill in a registration form online and validate it as indicated below (the “Participation Ballot”).
3.2 To complete a Participation Ballot, a Participant must indicate and/or enter:
(a) full name, email address, complete postal address and phone number in the designated fields;
(b) a UPC code found behind the label of Participating Products (as defined below) (a “Code”) or submitted by the Sponsor in accordance with paragraph 3.3 of these Rules, in the designated field;
(c) a confirmation that the Participant is at least 18 years old or older by checking the corresponding box; and
(d) acknowledging that he or she has read and accepted the terms and conditions of the Rules by checking the corresponding box.
All of the fields on the Participation Ballot must be completed, unless the information is indicated as being optional. Any Participation Ballot received outside the Contest Period or any Participation Ballot on which the required information is incomplete or inaccurate may be declared ineligible to the Contest. The Sponsor reserves the right to request proof of identity or of eligibility to the Contest at any time and at its sole discretion. Limit of one entry to the Contest per day and by email address. The Sponsor reserves the rights, at its sole discretion, to disqualify any individual who contravenes or attempts to contravene these Rules. Automated entries are prohibited, and any use, whether direct or indirect, of automated devices will cause immediate disqualification of the Participant and its accomplices, and the Sponsor reserves all of its rights and recourses against the user of such automated devices and its accomplices.
3.3 A Participant that does not have a Code in order to complete a Participation Ballot can: (i) write an email at the following address: email@example.com or (ii) send a letter in a self-addressed postage-paid envelope addressed to the Sponsor’s “Marketing Department” located at 170, 5th Avenue, Rougemont, Quebec, J0L 1M0 (before June 15th, 2019 for timely processing and return), to ask the Sponsor to provide him/her with one (1) Code and to explain in a short 50 words text the reasons why she/he thinks she/he should win one of the Grand Prizes (a “Submission”). A Participant may not send more than one (1) Submission during the entire Contest Period and a maximum of one (1) Code per Participant, per postal address, and per email may be granted using this method of participation during the entire Contest Period. Participants submitting a Submission should expect a short delay for the Sponsor to provide a Code to them. Submissions that are sent too close to the end of the Contest Period, not allowing sufficient time to the Sponsor to answer and provide a Code before the end of the Contest, will not be processed.
3.4 Any Submission received outside the Contest Period or missing any of the required information or elements described herein may be declared ineligible to the Contest.
3.5 The Sponsor suggests that Participants who do not have Internet access inquire with public libraries or visit any other public space providing free internet in order to submit a Participation Ballot or a Submission in the manner set forth in this section 3 of the Rules.
3.6 The participating products for the purpose of this Contest are the specially marked Del Monte® 960ML nectars, Del Monte® 1.6L juice blends and Del Monte® 1L coconut water (a “Participating Product”, collectively the “Participating Products”).
4. WINNER SELECTION
4.1 Grand Prize Winner
(a) Two (2) finalists for the Grand Prizes (as defined below) (the “Finalists”, each a “Finalist”) will be selected during a random draw among all eligible Participation Ballots received in accordance with these Rules (the “Draw”).
(b) The Draw will be held on July 2nd, 2019, at the Sponsor’s offices (170, 5th Avenue, Rougemont, Quebec, J0L 1M0), at approximately 10:00:00 a.m. (EDT). Odds of winning the Grand Prize depend on the number of eligible Participation Ballots received.
(c) Each of the Finalists will be notified by telephone within twenty-four (24) hours following the date she/he is selected as a Finalist. In the event a Finalist does not return the telephone call of the Sponsor’s representative before July 3rd, 2019 at 3:00:00 p.m. (EDT) following the first contact, this Finalist will be disqualified and the Sponsor will have the right, at its sole discretion, to select a new Finalist or to cancel the award of said Grand Prize (as defined below).
(d) The Sponsor will send each Finalist a declaration and release form (the “Declaration and Release Form”) whereby the Finalist acknowledges and confirms that these Rules have been complied with and that the Sponsor and any organisation participating in the award of the Grand Prizes or the Contest and their respective employees shall have no liability for any harm, accident, loss or prejudice related to the Contest, the Grand Prizes or the award or use of the Grand Prizes. The Declaration and Release Form will include a mathematical skill-testing question. Each Guest (as defined below) will also have to sign a Declaration and Release Form.
(e) In order to be declared a Grand Prize winner (each a “Grand Prize Winner”, collectively the “Grand Prize Winners”), a Finalist must correctly answer the mathematical skill-testing question without any assistance whatsoever (including mechanical assistance) and will have to sign and return the Declaration and Release Form before July 5th, 2019 at 10:00:00 a.m. (EDT). Otherwise, the Grand Prize will be deemed to be forfeited by the Finalist and the Sponsor will have the right, at its sole discretion, to select another Finalist as set out in this Section 4.1 or cancel the award of the Grand Prize.
(f) The Sponsor will contact the Grand Prize Winners within five (5) days following the Sponsor’s receipt of the Declaration and Release Forms duly completed and signed by all Grand Prize Winners and their respective Guest to arrange bookings. Reservations are subject to availability and the restrictions indicated in Section 5.1 below.
5.1 Grand Prizes
(a) Two (2) grand prizes (the “Grand Prizes”, each a “Grand Prize”) will be awarded in this Contest. Each Grand Prize consists of one (1) trip to Toronto for up to two (2) people to attend the Toronto Caribbean Carnival from August 1st, 2019 to August 4th 2019, including:
i. round trip coach class air transportation for up to two (2) people from the major airport closest to Grand Prize Winner’s home (as determined by the Sponsor in its sole discretion) to Toronto (for clarity purposes, this item won’t be included in the Grand Prizes provided the Grand Prize Winners reside in the Greater Toronto Area);
ii. hotel accommodations at a three (3) stars hotel in Toronto (as determined by the Sponsor in its sole discretion) for up to two (2) people in one (1) room (double occupancy, room and tax only) for four (4) consecutive days and three (3) nights, from August 1st to August 4th 2019;
iii. two (2) all-inclusive admissions for up to two (2) people to the Caribbean Carnival Grand Parade (including food, drinks and an access to the Del Monte float) on Saturday August 3rd, 2019;
iv. two (2) tailormade carnival costumes of an individual maximal retail value of CAD $800.00;
v. two (2) admissions for up to two (2) people to attend the Quench Party on Sunday August 4th, 2019 (including food and drinks); and
vi. CAD $400.00 in spending money for ground transfers to/from the airport in Toronto and to/from the hotel and ground transfers to/from the hotel and to/from the Caribbean Carnival site for the whole duration of the trip (provided to each Grand Prize Winner in the form chosen by the Sponsor, in its entire discretion).
(b) The total approximate retail value of each Grand Prize varies depending on booking dates and/or the departure location but is estimated at CAD $8,000.00 in total, including applicable taxes. Any difference between the final value and the stated value will not be awarded to the Grand Prize Winners.
(c) Flights may include multiple segments, ie. connecting flights. Grand Prize Winners and their respective Guest (as defined below) must travel at the same time and must depart from the same city.
(d) A Grand Prize Winner may choose one (1) guest that is a natural person and legally residing in their province/territory of residence (the “Guests”) and that have reached the age of eighteen (18) at the time of using the Grand Prize. The Guest must travel with the Grand Prize Winner.
(e) Each Grand Prize must be used between the dates indicated by the Sponsor to the Grand Prize Winners or it will be forfeited. Once booked, reservations cannot be modified. If it is impossible for a Grand Prize Winner and his/her Guest to travel on the dates communicated by the Sponsor, the Grand Prize will be awarded to another Participant, in the manner set forth in Section 4.1 (c), or will otherwise be completely cancelled, at the Sponsor’s sole discretion. Each Grand Prize Winner and each Guest must comply with applicable laws and regulations at all times when using the Grand Prize.
(f) The following expenses are excluded from the Grand Prize and are the sole responsibility of the Grand Prize Winners and the Guests:
i. Transportation between the place of residence of the Grand Prize Winners (and the place of residence of the Guests) to the closest Canadian airport chosen by the Sponsor for departure to Toronto;
ii. Parking fees for the Grand Prize Winners’ and the Guests’ vehicle(s) at the airport for the duration of the trip;
iii. Lodging, other than as set out in the description of the Grand Prizes;
iv. Any meals, snacks or food items, other than as set out in the description of the Grand Prizes;
v. All other expenses which are not specifically included in the description of the Grand Prize, including, but not limited to, personal items and expenses, travel insurance, passport and visa fees, medical services, service charges and telephone, facsimile, cable, cleaning, room service and valet service fees and gratuities, tips, alcohol, any optional activities (tours, sightseeing, etc.) not specifically identified in the Grand Prizes’ description, fees for baggage or upgrades or seat selection/reservation.
6. PERSONAL INFORMATION
6.1 By entering the Contest, each Participant consents to the collection, use and disclosure by the Sponsor or its authorized agents of the Participant’s personal information provided through the Participation Ballot or Submissions for the purpose of carrying out the Contest and delivering the Grand Prizes. Once submitted, the Participation Ballots and Submissions become the exclusive property of the Sponsor and will not be returned.
6.2 The personal information may be transferred to third parties that are retained by the Sponsor to perform storage, management and other similar functions, subject to the laws applicable to the protection of personal information and the Sponsor’s internal policies regarding personal information. Files containing personal information will be kept at the Sponsor’s or its service provider’s offices or on its servers, and employees who require access to personal information in order to fulfil their job duties will have access to these files. To the extent provided by applicable law, the individuals concerned may request access to the file containing their personal information and the correction of such information by contacting the Sponsor c/o Marketing Department of A. Lassonde Inc. at 170, 5th avenue, Rougemont (Québec) J0H 1M0.
6.3 By accepting a Grand Prize, each of the Grand Prize Winner and the Guest grants the Sponsor the right to, in any way in relation with the Contest, its promotion or its organization, produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, disseminate, adapt, use and reuse his or her name, address (city, province/territory), voice, declarations, image, photos or other representations or recordings for publicity purposes using any media and in any format, including, without limitation, on the Internet, without any notice or compensation, and the Grand Prize Winners and the Guests may be required to sign a document to this effect.
6.4 In the course of conducting this Contest, the Sponsor will acquire certain personal information as submitted by persons seeking to enter the Contest. If any such person chooses to “opt into” receiving future communications from the Sponsor, the Sponsor from time to time will send that person email notifications of other contests, products, news and other matters which the Sponsor deems is of public interest. A person can ask the Sponsor to remove his/her name from that emailing list by contacting the Sponsor.
6.5 If any such person declines to “opt into” receiving further communications from the Sponsor, the Sponsor will use his/her personal information only for the purpose of conducting and administering this Contest and delivering the Grand Prizes. In that case, the Sponsor, unless prohibited by law from doing so, will destroy that personal information upon the expiration of two (2) years after delivery by the Sponsor to the Grand Prize Winner of the Grand Prize.
7.1 The Sponsor reserves the right to cancel any Participation Ballots or Submissions containing errors. The Participation Ballots or Submissions which have been tampered with or have been deteriorated, modified, falsified, reproduced or obtained illegality will not be eligible. Without limiting the generality of the exoneration set forth in Section 9.1, it is understood that the Sponsor and any organization participating in the management of the Contest or in the delivery of the Grand Prize, and their respective representatives and employees, will not be responsible: (i) for Participation Ballots or Submissions that are ineligible, incomplete, modified, lost or delivered late or to the wrong address, which Participation Ballots/Submissions shall be deemed null (ii) for any information which is insufficient or incorrect related to the users of the Contest Site or of the equipment or program used in the context of the Contest, or of a technical or human error which could occur when the forms or ballots are being processed; (iii) for Participation Ballots/Submissions that are stolen, destroyed, tempered with, accessed without authorization or altered; (iv) for problems or technical malfunction related to networks, telephone lines, online computer systems, servers or access providers, computer equipment and software, viruses or bugs; (v) for the Sponsor not being able to receive or send an electronic message or email, for any reason whatsoever, including traffic congestion on the internet or on any website or both; (vi) for damage caused to the Participant’s or another person’s computer system or equipment as a result of participating in, uploading or downloading material in relation to the Contest. The use of automated systems is prohibited.
8. RIGHT TO CANCEL, SUSPEND OR MODIFY
8.1 By entering the Contest, each Participant agrees to be bound by these Rules, available on the Contest Site throughout the Contest Period. The Sponsor reserves the right to modify these Rules without notice, provided it has obtained the required approvals from the Régie des alcools, des courses et des jeux du Québec.
8.2 Subject to the foregoing, the Sponsor may change as well as partially or completely terminate the Contest at any time if, at its sole discretion, the Sponsor believe that the Contest is not taking place as expected for any reason whatsoever, including because of fraudulent manipulation, destruction, loss or theft of the Participation Ballots/Submissions or any other problem which could jeopardize the fairness or integrity of the Contest.
9. GENERAL CONDITIONS
9.1 By entering or attempting to enter the Contest each Participant or potential Participant agrees to:
(a) forever exonerate, release and hold harmless the Sponsor, prize suppliers and any other party involved in the management of the Contest and their respective administrators, directors, employees, shareholders, agents and other representatives, parent-company and affiliates from any and all claims, actions, damages, demands, courses of action, causes of actions, or responsibility of any kind whatsoever resulting from or related to the participation or attempted participation in the Contest, the compliance or non-compliance with these Rules, the acceptance, possession, use or abuse of the Grand Prize or any activity related to the Grand Prize; and
(b) completely indemnify the Sponsor, prize suppliers and any other party involved in the management of the Contest and their respective administrators, directors, employees, shareholders, agents and other representatives, parent-company and affiliates for any third party claims related to this Contest or to any violation of these Rules by the Participants or by the Guests or any activity related to the Grand Prize, without limitation.
9.2 No communication or correspondence will be exchanged with Participants, other than Participants who have been selected as a Finalist.
9.3 The Sponsor reserve the right, at its sole discretion, to exclude from the Contest and any other contest or future promotion offered by the Sponsor any Participant who does not comply with these Rules. The Rules are available at the Contest Site.
9.4 The Grand Prizes must be accepted as is, cannot be transferred and is without substitution in cash or otherwise, except if agreed to by the Sponsor. The Sponsor reserves the right at its entire discretion to substitute a prize of equivalent value if the Grand Prizes cannot be awarded as provided for by these Rules. Any portion of a Grand Prize that is not accepted or used by a Grand Prize Winner will be deemed forfeited. The Grand Prizes cannot be exchanged, transferred or substituted for cash. The Sponsor does not warrant, either implicitly or expressly, the safety, appearance or performance of the Grand Prizes or any activity related to the Grand Prizes. Each of the Grand Prize Winners does not have any recourse against the Sponsor for any warranty related to the Grand Prizes in any circumstance whatsoever. The Sponsor will in no way be liable for any event which leads to the Grand Prizes being annulled or for events beyond its control which lead to the Grand Prizes or part of the Grand Prizes not being awarded. The Sponsor shall not assume responsibility of any nature whatsoever for any postponement, delay, or cancellation of the flights or any component of the trip or of any transportation which is part of the Grand Prizes, for any reason whatsoever, including, but not limited to, weather conditions, equipment breakdown or failure. No frequent flyer miles will be available or awarded.
9.5 In the event of a dispute related to the person who validated a Participation Ballot or submitted a Submission online, such Participation Ballot or Submission will be deemed to have been validated (i) by the authorized account holder of the electronic address submitted at the time the Participation Ballot was validated or (ii) by the holder of the of the electronic address from which the Submission was sent in the case of a Submission. For the purpose of these Rules, “authorized account holder” shall mean the physical individual who has been assigned an electronic address by an Internet access provider, Internet service provider, or any other organization responsible for assigning electronic addresses for the domain related to the electronic address at issue. The selected Participant may be required by the Sponsor to provide proof that she or he is the authorized account holder of the electronic address (i) indicated on the Participation Ballot at issue or (ii) from which the Submission at issue was sent.
9.6 The Sponsor reserves the right, at its sole discretion, to exclude from the Contest and any other Contest or future promotion organized by the Sponsor, any person guilty or suspected of being guilty of having tampered with the treatment of the Participation Ballots, Submissions, the Contest process or the Contest Site, of having violated these Rules or having acted in a disloyal manner or in a manner which adversely affects or is intended to disturb, abuse, threaten or harass another person. A PARTICIPANT OR ANY OTHER PERSON WHO ATTEMPTS TO DELIBERATELY DAMAGE THE CONTEST SITE OR ANY OTHER WEBSITE OR HINDER THE LEGITIMACY OF THE CONTEST PROCESS COMMITS CRIMINAL AND CIVIL OFFENCES AND THE SPONSOR RESERVES THE RIGHT, IN SUCH CASE, TO CLAIM DAMAGES TO THE EXTENT PERMITTED BY LAW.
9.7 In the case of a discrepancy between the French version and the English version of these Rules, the English version will take precedence.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property covering the promotional material and the Contest Site are the exclusively property of the Sponsor or its affiliates or licensors. All rights are reserved. Unauthorized copyright or use of any copyright material or intellectual property without the express written consent of its owner or holder is strictly prohibited. All trademarks are the property of their respective owners.
11. SOCIAL MEDIA
11.1 The Contest is neither managed nor sponsored by Facebook or Instagram. The participant provides its personal information to the Sponsor and not to Facebook or Instagram. Facebook and Instagram will not be liable in any way for any issue related to the Contest.
12. APPLICABLE LAW
12.1 These are the official Rules for the Contest. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. These Rules may be modified without notice including without limitation in order to render them compliant with federal, provincial or municipal laws or with the policies of an entity having jurisdiction over the Sponsor.
13. RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX
13.1 Any dispute 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 dispute respecting the award of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
14. DISCLOSURE OF THE GRAND PRIZE WINNER
14.1 Within ten (10) days following the Draw, the Sponsor will publish the name of the Grand Prize Winners on the Contest Site for a period of at least thirty (30) days.
INDIVIDUALS PARTICIPATING IN THE CONTEST ACKNOWLEDGE HAVING READ AND ACCEPTED THESE RULES AND AGREE TO COMPLY WITH THEM.