“Win with TIC TAC®” CONTEST
OFFICIAL CONTEST RULES AND REGULATIONS (“Official 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.

The “Win with TIC TAC®” Contest (the “Contest”) is sponsored by Ferrero Canada Ltd. (the “Sponsor”). The Contest starts on Saturday June 1, 2019 at 10.00 AM (ET) (the “Contest Opening Date”). The Contest closes on Sunday August 31, 2019 at 10:00 AM (ET) (the “Contest Closing Date”). The “Contest Period” runs from the Contest Opening Date to the Contest Closing Date.

1. ELIGIBILITY
The Contest is open to all individuals who are residents of Canada of legal age in their Province or Territory of residence at the time of entry.

The Contest is not open to the Sponsor, the independent contest management agency appointed by the Sponsor to administer the Contest (the “Agency”), or any of their parents, related and affiliated companies, or employees, officers, directors, representatives, agents, successors or assignees thereof (collectively the “Contest Group”), or any persons residing in the same household with members of the Contest Group. By entering the Contest, entrants agree to abide by these Official Rules and all decisions of the Sponsor, which shall be final and binding on all entrants in all matters pertaining to the Contest. The Contest is governed by Canadian law and is subject to all applicable federal, provincial and territorial laws and regulations. The Contest is void where prohibited by law.

2. HOW TO ENTER
NO PURCHASE NECESSARY. Before the Contest Closing Date, visit www.winwithtictac.ca (the “Website”) and click on the Contest logo to register and complete the online entry form by entering the required information (ex. Name, age, telephone number and email address) for your chance to win one of the Contest prizes (each, a “Prize”). You must have a valid email address and phone number to enter the Contest. Only one (1) email address account may be used by any person to enter the Contest. Proof of sending an online entry is not proof of receipt by the Sponsor.

Limit of one (1) entry per person per day during the Contest Period. 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. Contest is only open to age entrants who have reached the age of majority.

Contest entries for the Prizes will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize. Should it be discovered that an entrant is using the aid of computer software programs to auto-fill entries in an unauthorized manner, that entrant will be immediately disqualified from the Contest. The Sponsor reserves the right to disqualify all such entrants from future contests conducted by the Sponsor without further notice.

3. PRIZING
Prizes may sometimes be referred to herein as the “Prize” or collectively the “Prizes”.

(i) GRAND PRIZES: There are three (3) grand prizes (each, a “Grand Prize”) available to be won during the Contest, each consisting of a trip for two (2) people (the Grand Prize winner and a guest of his/her choice (each, a “Prize Participant”) to the iHeart Radio Music Festival in Las Vegas, Nevada in September 21 & 22, 2019 (the “iHeart Radio Music Festival”). The approximate retail value of each of the Grand Prizes is $7,750 CDN. The Agency will contact the Grand Prize winners directly and co-ordinate the flight and hotel bookings.

Each Grand Prize will be comprised of the following:
• 2 tickets to the iHeart Radio Music Festival taking place in Las Vegas on September 21 & 22, 2019. • 2 round trip airfare tickets, economy class from the international airport near the winner’s residence in Canada to Las Vegas, Nevada; • 3-night hotel stay (double occupancy); • Limo to and from the iHeart Radio Music Festival; • $1,100 CDN spending money

The following conditions apply to the Grand Prize:

• All fees or expenses other than those expressly mentioned above are the responsibility of the Prize Participants, including, but not limited to, ground transportation to and from hotel and events or activities, meals, beverages (alcoholic or not), gratuities and taxes, insurance, fuel, maintenance fees, vehicle rental fees or insurance, fees related to any infraction, internet access fees, movie rental fees, mini-bar fees, room service, local and long distance phone calls, security deposit at the hotel, expenses of a personal nature, and travel documents.

• The Grand Prize winner must select a guest who has reached the age of majority.

• Hotel may require the Prize Participants to submit a major credit card in good standing at the time of registration, otherwise Hotel may require a cash deposit.

• The choice and location of the hotel are at the sole discretion of the Sponsor.

• The Grand Prize must be taken in September 2019 in order to attend the iHeart Radio Music Festival.

• The Prize Participants must travel together.

• If a portion of the Grand Prize is not used, no compensation will be awarded.

• Both Prize Participants must sign the Sponsor’s Release (defined below) in order to receive and participate in the Grand Prize.

• 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 Grand Prize trip. The Sponsor shall not be held liable in the event that any potential winners are unable to benefit from the Grand Prize, or any part thereof, because of having failed to complete or comply with such requirements. The Contest Group shall have no responsibility for Prize Participants’ inability to enter any country and/or exit/re-enter Canada, and in such event, Contest Group will not provide additional travel or accommodation and the Grand Prize may be forfeited.

Lost or stolen tickets and travel vouchers will not be replaced. It is strongly recommended that the Prize Participants purchase sufficient medical, accident and baggage insurance prior to departure. The Contest Group is not responsible in this respect. It is the responsibility of the winner and his/her travelling companion to check with the applicable airline for baggage restrictions. A Grand Prize may not be used towards any type of frequent flyer mileage, or other reward point accumulation program. Sponsor is not responsible for any delays, postponements, suspensions, rescheduling or flight cancellations, for any reason, without any compensation.

Odds of Winning: The odds of winning a Grand Prize depend on the total number of eligible entries received during the Contest Period.

(ii) SECONDARY PRIZES: There are a total of twenty-five (25) secondary prizes available to be won during the Contest (each, a “Secondary Prize” and, together with the Grand Prize, collectively, a “Prize”). Each Secondary Prize consists of a Bose Bluetooth Speaker. The approximate retail value of each Secondary Prize is $170 CDN. The approximate retail value of the Secondary Prize is as in effect thirty (30) days prior to the launching of this Contest.

Odds of Winning: The odds of winning a Secondary Prize depend on the total number of eligible entries during the Contest Period.

Limit: One Grand Prize or Secondary Prize per person.

All Prizes must be accepted as awarded without substitution and are not transferable, refundable, for resale or convertible to cash.

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.

The Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without liability.

4. PRIZE DRAW
A random draw for all three (3) Grand Prizes and all twenty-five (25) Secondary Prizes will be held on Tuesday September 3, 2019 at 10:00 a.m. (ET) in Toronto, ON by an independent contest organization from among all eligible entries received by the Contest Closing Date.

Three (3) attempts will be made to contact each selected entrant at the email address provided in the entry on the Website and two (2) attempts at the phone number provided on their entry form on the Website between 9:00 a.m. and 5:00 p.m. ET during a period of seven (7) days following the draw. If the selected entrant cannot be contacted within seven (7) days, by either email or phone, he/she will be considered to have forfeited the Prize and will be disqualified and another entrant may be drawn from the remaining eligible entries until such time as contact is made with a selected entrant or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.

5. CLAIMING YOUR PRIZE
Prize claims are subject to verification. To be declared the winner of any of the Prizes, the selected entrant must answer correctly, without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by telephone at the number provided during registration for the Contest or email at the email address provided during registration for the Contest.

The selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize, as awarded, without substitution, and releasing the Sponsor, the Contest Group, the independent contest organization and each of their respective shareholders, directors, officers, employees, agents, representatives, parents, subsidiaries, affiliated and related companies, successors and assigns (collectively, the “Released Parties”) from any liability in connection with any Prize or the Contest.

The selected entrant must return a signed Release Form within three (3) days of receipt, or he/she will be disqualified from receiving the Prize. The Sponsor will contact the Prize winner within two (2) days of receiving his/her signed Release Form to arrange delivery of the Secondary Prize. Please allow 4-6 weeks for delivery of Secondary Prizes.

The refusal by any potential winner to accept a Prize (or any portion thereof) releases and forever discharges the Released Parties of all obligations related to the Prize, including delivery. 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 Release Form, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, or in the event that the Prize confirmation or Prize itself is returned undeliverable, the Prize will be forfeited. Any disqualified winner will not receive any alternate prize, substitution or compensation.

6. GENERAL
Official Rules Govern
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Sponsor regarding the Contest, these rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials including, but not limited to, the registration form, packaging, point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.

Indemnification
By submitting an entry into this Contest, each entrant confirms his or her understanding of and compliance with these Official Rules. Each entrant hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity, including, but not limited to, the travel, transportation or experience at the iHeart Radio Music Festival. The entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.

Limitation of Liability
Incomplete entries, including but not limited to pictures of the Purchase Receipts that are incomplete or ineligible, damaged entries, illegible entries or entries received after the Contest Closing Date will not be accepted.
The Released Parties take no responsibility for lost, stolen, misdirected, damaged, illegible or late entries which for any reason are not received before the Contest Closing Date, or for printing, distribution or production errors.
None of the Released Parties assumes any responsibility for any problems or technical malfunctions of or relating to any telephone network or lines, mobile platforms, unavailable network connections, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications (regardless of whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest), human error in the processing of entries in this Contest, computer online systems or servers, computer software problems, traffic congestion on the Internet or at any website, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of any Prize or in any Contest-related materials; nor will any of the Released Parties assume any responsibility for any damage to an entrant’s or any person’s computer or for breaches of privacy due to interference by third party computer “hackers” arising as a result of participating in this Contest.

For avoidance of doubt, none of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an entrant's or any other person's computer equipment resulting from an entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of the Website. Without limiting the foregoing, everything on the Website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Furthermore, none of the Released Parties assumes any liability for any additional aspects of the Contest.

Contest Administration
All entries are the property of the Sponsor and none shall be returned. All decisions regarding the Contest remain with the Sponsor. In addition, the Sponsor reserves the right, in its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux (the “RACJ”), to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.

The Sponsor reserves the right, in its sole discretion, to disqualify any individual that it finds to be in violation of these Official Rules. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage the Website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future Sponsor contests. In its sole determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated entries. The Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, computer viruses, programming bugs, or other reasons beyond the control of Sponsor corrupt the security, proper play, operation, or administration of the Contest.

Subject only to the jurisdiction of the RACJ 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 Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Contest 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 Contest Rules.

In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the Authorized Account Holder in whose name the email account is registered, provided that person meets all eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an email address and/or telephone number, by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

Quebec
For Quebec residents only, any litigation respecting the conduct or organization of a publicity contest may be submitted to the RACJ. Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purposes of helping the parties reach a settlement.

Privacy and Publicity Rights
When you voluntarily choose to participate in the Contest, personal information including, but not limited to your: first name, last name, mailing address, city, province/territory, postal code, telephone and email (collectively "Registrant Information") will be collected from you by the Sponsor. By entering this Contest and providing this information, you consent and agree to the Sponsors' collection and use of the Registrant Information to administer this Contest and in accordance with Sponsor’s privacy policy (available at: https://www.tictaccanada.com/en/privacy-policy). Please note that personal information provided as part of this Contest may be collected in, transferred to and processed and stored in jurisdictions outside of Canada. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by regulatory authorities.

Should you have any questions regarding your privacy rights, please contact privacy.canada@ferrero.com.

Governing Law
The Contest is subject to applicable federal, provincial and territorial laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and territorial laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between an entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.

In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.

In the event of any discrepancy or inconsistency between the English language version and the French language version of the Official Rules, as applicable, the English version shall prevail, govern and control.

 
 

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