Nestlé NHL Contest
NO PURCHASE NECESSARY TO ENTER.
1. CONTEST PERIOD AND ORGANIZER. The Nestlé Contest (the "Contest") is organized and administered by Circle K. (the "Organizer") and sponsored by Nestlé (the "Sponsor"). The Contest begins on December 12, 2023 at 12:00:01 a.m. Eastern Time ("ET") and ends on January 8, 2024 at 11:59 p.m. (the "Contest Period"). The clock used by the Organizer is the official clock that determines the date and time of receipt of an entry.
2. ELIGIBILITY. The Contest is open to legal residents of Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince Edward Island who, at the time of entry, are thirteen (13) years of age or older. The following persons are not eligible to participate in the Contest: officers, directors, shareholders, employees, agents and/or representatives of the Organizer, the Sponsor, the National Hockey League ("NHL"), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, (the aforementioned NHL entities, collectively the "NHL Entities"), and each of their respective affiliates, related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors, prize suppliers and/or any other party connected with the Contest. In addition, any member of the immediate family of the above-mentioned persons and any person living with them in the same household (whether a member of their immediate family or not) are not eligible to enter the Contest. The expression "immediate family" refers to the fathers, mothers, brothers, sisters, children, husbands, wives, or spouses of the above-mentioned persons, regardless of where they live. The Contest is not open and is void where prohibited by law.
3. AGREEMENT TO BE LEGALLY BOUND. By entering this Contest, each entrant agrees to be bound by (i) these Contest Rules; (ii) the terms and conditions of Circle K; and (iii) all decisions of the Organizer and Sponsor, which shall be final in all respects.
4. HOW TO ENTER. The Contest begins on December 12, 2023, and ends on January 8, 2024, at 11:59 p.m. ET) (the "Contest Closing Date"). The Contest will be held at one hundred and sixty-nine (169) Circle K home shopping establishments ("Participating DACs") located in the Atlantic region. Upon purchase of a participating Nestlé product (the "Participating Products"), when scanned at the cash register, the consumer (hereinafter the "Consumer") will instantly find out if he or she has won a prize, and a second coupon (the "Winning Coupon") will be issued with the details. If so, they must send an e-mail to email@example.com (the "Contest e-mail address"), as indicated on the winning coupon. Consumers must follow the instructions sent to them by e-mail to claim their prize, in addition to meeting the eligibility criteria and answering the mathematical skill-testing question.
Limit of one (1) entry per person AND/OR per residence, per day. No other method of entry will be accepted. Any entrant selected in this Contest who fails to comply with this condition will be automatically disqualified. Anyone wishing to participate in the Contest with no obligation to purchase must refer to article 5 below.
5.NO PURCHASE NECESSARY. To obtain a no-purchase entry, the participant must write a handwritten letter with the following information: name, complete address, city, province, postal code, telephone number (with area code), date of birth and e-mail address, and state in at least fifty (50) words why he/she would like to win a prize in the Contest. Each entry must be different and handwritten. Entries must be sent by mail indicating "NESTLÉ CONTEST" to the following address (the "Contest Administrator"): Couche Tard Inc, Attention: Marketing/Contest Entry, 4204 Industriel Blvd. Laval, Quebec H7L 0 E3. Upon receipt of your mail, the Contest Administrator will conduct a cash transaction (no purchase necessary) on your behalf and send you the resulting cash voucher (the "Coupon") to determine whether or not you are a winner. Limit of one (1) no-purchase entry per person during the Contest Period. Entrants must submit their request within the contest period to allow the Contest Administrator to send them a no-purchase entry before the Contest Closing Date. The Released Parties (defined below) will not be held responsible for illegible, incomplete, lost, misdirected, technically defective or late entry forms, all of which will be considered null and void. For greater certainty and the avoidance of doubt, consumers may use only one (1) e-mail address to enter this Contest. If the Sponsor discovers that a person has attempted to: i) obtain more than the maximum number of entry forms indicated in these Official Contest Rules; or ii) use (or attempt to use) multiple names or identities or more than one (1) e-mail address to enter the Contest, that person may be disqualified from the Contest and all entry forms may be void. The entry form will be rejected if it is not duly completed and does not include all mandatory information, and if it is not submitted and received before the entry deadline. The use (or attempted use) of multiple names, identities, e-mail addresses or automated or robotic systems or programs, macros, scripts, or other means to enter, participate or otherwise interfere with this Contest is prohibited and may result in disqualification by Sponsor. All entry forms are subject to verification at any time for any reason. The Sponsor reserves the right to require proof of identity or eligibility (in a form acceptable to the Sponsor, including but not limited to government-issued photo identification) to participate in the Contest. Failure to provide such proof satisfactory to the Sponsor in a timely manner may result in disqualification.
Prize will be delivered to winner's residence within eight (8) weeks of prize claim deadline. Prize may not be exactly as shown in promotional material. All other costs and expenses not expressly stated as part of the prize are the sole responsibility of the winner.
Prizes and their components must be accepted as awarded and cannot be transferred, substituted, or exchanged, in whole or in part, for another prize or cash. Internet access is required to claim a prize. The terms and conditions of gift cards, mobile vouchers, including the province(s) where they may be redeemed and their expiry dates, apply.
The Organizer, at its sole discretion, reserves the right to: (i) substitute all or part of the prizes with another prize or part thereof of equal or greater value; (ii) limit the number of prizes awarded to the same person, cell phone number, e-mail address or physical address; (iii) limit the number of applicable prizes that may be claimed in any one transaction and/or period; and (iv) change the prizes and associated quantities at any time during the Contest Period. The Organizer shall in no event be responsible for the awarding and/or exchange of items more than the prizes and their respective quantities as indicated above. The prizes may differ from the images shown in the Contest promotional material. Each prize may also be subject to additional terms and conditions.
7. HOW TO CLAIM A PRIZE
To claim a prize, the consumer must have been declared a winner at the time of purchase of a participating product.
To claim a prize, the consumer must send an e-mail to firstname.lastname@example.org before 5 p.m. ET on January 10, 2024 (the "Prize Claim Deadline") and follow the instructions received by e-mail. No prize will be awarded if the terms and conditions of the Contest are not respected.
Before being declared a winner and entitled to a prize, the selected entrant must complete and accept the terms of a Declaration of Release and Waiver of Liability for the benefit of the Organizer and the Released Parties (as defined below), and correctly answer the mathematical skill-testing question set out in the same declaration, without assistance of any kind, whether mechanical or otherwise, within three (3) days of notification to the selected entrant, failing which the prize will be forfeited and the selected entrant disqualified.
8. LIMITATION OF LIABILITY AND RELEASE. By entering the Contest, entrants agree to release and hold harmless the Organizer, the Sponsor, the NHL Entities, and any of their affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors, and all other parties involved in the Contest and their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the "Released Parties"), from and against any and all claims, causes of action, or liability, including but not limited to personal injury or death, or damage to or loss of property, arising out of participation in the Contest or misuse of a prize. The Released Parties make no warranty, guaranty or representation of any kind concerning any prize and disclaim any implied warranty.
Without limiting the generality of the foregoing, the Released Parties shall not be liable for: (1) incomplete or inaccurate information, whether caused by entrants or by errors in Contest programming; (2) technical failures of any kind, including, but not limited to, hardware or software errors; computer malfunctions, for any reason whatsoever; interruptions of service or disconnection of Internet networks or telephone lines; garbled, inconsistent or erroneous data transmissions; failure of any online transmission to be sent or received; (3) unauthorized human intervention at any stage of the Contest entry or participation process; (4) any technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any damage or injury to persons, or any material damage arising from participation in the Contest or acceptance, use, performance or misuse of a prize. If, for any reason, it is confirmed that an entrant's entry has been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is to request another entry in the Contest, if possible.
9. PERSONAL INFORMATION. The Organizer and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Contest for the purposes of administering the Contest and awarding the prizes. Winners authorize the Organizer to use their names, photographs, cities, voices, images and/or statements in connection with their prizes for publicity or other purposes relating to the Contest, in any media, including the Internet, at any time, in perpetuity, without compensation or notice.
The opportunity to receive further communications regarding the Organizer's products, contests and other promotional offers may be offered by the Organizer.
10. RIGHT TO MODIFY, CANCEL, SUSPEND, TERMINATE. The Organizer and its authorized representatives reserve the right, at their sole discretion, without prior notice, to cancel, suspend or modify the Contest, in whole or in part, or the eligibility of entrants for any reason whatsoever, including, but not limited to, printing errors, clerical errors, viruses, bugs, unauthorized human intervention, tampering, fraud, equipment failure, security breaches or other causes that corrupt or affect the administration, security, fairness or proper play of the Contest.
11. GENERAL CONDITIONS. The Organizer reserves the right, in its sole discretion, to exclude from this Contest any person who, in the reasonable opinion of the Organizer, has tampered with, or attempted to tamper with, the entry process, the operation of the Contest, who is in violation of these Rules, or who is acting in a manner contrary to the spirit of the Contest or in a disruptive manner or with the intent to annoy, abuse, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CONTEST PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All decisions of the Organizer with respect to all aspects of the Contest are final. The Contest is subject to all applicable federal, provincial, and municipal laws. These Contest Rules shall be governed by and construed in accordance with the laws of Canada, as applicable therein, without reference to its conflict of laws principles. All disputes, claims and causes of action arising out of or relating to this Agreement shall be resolved individually and exclusively by the courts. The invalidity or unenforceability of any provision of these Rules and Regulations shall not affect the validity or enforceability of any other provision contained herein. If any provision of this By-law is held to be invalid or otherwise unenforceable, then this By-law shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein. Paragraph headings are used for reference purposes only and shall not affect the interpretation of these Rules and Regulations.