Canada — Social Media Contest Program Rules
Last updated: April 2021
NO PURCHASE NECESSARY TO ENTER.
1. PROGRAM DESCRIPTION.
This Canada – Social Media Contest Program (the “Program”) is sponsored by Mac’s Convenience Stores Inc. and Couche-Tard Inc. (the “Sponsor”) and, unless otherwise indicated in writing, applies to various contests (each a “Contest”) posted on (i) the Circle K Canada Facebook page at www.facebook.com/circlekcanada (the “Facebook Page”); (ii) the Circle K Canada Instagram page at www.instagram.com/circlekcanada (the “Instagram Page”); and/or (iii) the Circle K Canada Twitter page at www.twitter.com/circlekcan (the “Twitter Page”). The Facebook Page, the Instagram Page and the Twitter Page are collectively, the “Circle K Canada Social Media Pages.” The Program and the Contest are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.
Unless separate rules and/or regulations are posted and referenced within a specific Contest post on the Circle K Canada Social Media Pages, these Canada – Social Media Contest Program Rules (the “Rules”) apply to the various Contests posted on the Circle K Canada Social Media Pages from time to time. Additional details for each Contest such as the Contest period, the Eligibility Area (as such term is defined below), the requirements for participation and the number and description of prizes available to be won may be specified within one or more posts on the Circle K Canada Social Media Pages (the “Contest Requirements”). The Contest Requirements are hereby incorporated into these Rules and are to be incorporated together.
This Program is open only to legal residents of British Columbia, Alberta, Saskatchewan, Manitoba and Northwest Territories (the “Western Region”), Ontario (the “Central Region”) and/or Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince-Edward Island (the “Atlantic Region”) who are 13 years of age or older at the time of entry. If an entrant is a minor in his/her province/territory of residence, permission of a parent or guardian is required to participate in the Program.
A Contest may be valid only (i) in the Western Region; (ii) in the Central Region; (iii) in the Atlantic Region; (iv) in a combination of two (2) or more region; (v) in specific provinces; (vi) in specific cities; or (vii) in any designated geographic area (the “Eligible Area”). The Eligible Area will be specified for each Contest within one or more posts on the Circle K Canada Social Media Pages. Individuals residing outside the Contest’s Eligible Area are allowed to comment on, like or otherwise engage with a Contest post, however only Entries (as such term is defined below) by entrants who are legal residents of the Eligible Area are eligible to win a Prize (as such term is defined below).
The following persons cannot participate in the Program or a Contest: officers, directors, shareholders, employees, agents and/or representatives of Sponsor or its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and/or any other party related to the Program or a Contest. Also, any member of the immediate family of the persons mentioned in this section and any person living with them under the same roof (whether or not a member of their immediate family) cannot participate in the Program or a Contest. The term "immediate family" means fathers, mothers, brothers, sisters, children, husbands, wives or spouses of the persons mentioned in this section, regardless of where they live.
3. PROGRAM PERIOD.
The Program will continue until such time that the Sponsor chooses to cancel the Program, which may occur at any time, with or without notice. The Contest period for each Contest will be specified within one or more posts on the Circle K Canada Social Media Pages (the “Contest Period”). The clock used by Sponsor to compute Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.
4. HOW TO PARTICIPATE IN THE PROGRAM. NO PURCHASE NECESSARY.
This Program includes various Contests posted to the Circle K Canada Social Pages. To enter a Contest, during the Contest Period, follow the Contest Requirements on the Contest post(s) (each a “Contest Post” and collectively, the “Contest Posts”) found on the Circle K Canada Social Media Pages. Each Contest may have one (1) or more Contest Post.
Where the Contest Requirements instruct entrants to submit a comment or response on the Contest Post (each a “Response”), the Response must: (i) be written in English or French; (ii) satisfy all applicable instructions provided in the Contest Requirements; (iii) be posted as a comment on the relevant Contest Post on the applicable Circle K Canada Social Page(s); (iv) comply with these Rules as well as the applicable terms, rules, policies and guidelines of Facebook (the “Facebook Rules”), Instagram (the “Instagram Rules”) and/or Twitter (the “Twitter Rules”) all as determined by the Sponsor in its sole discretion. By submitting a Response, you will receive one (1) entry into the Contest (each an “Entry” and collectively, the “Entries”). Any Response that does not comply with these Rules and/or the applicable Facebook Rules, Instagram Rules and/or Twitter Rules will be deemed ineligible and will not entitle the individual to an Entry in the Contest.
LIMIT: unless otherwise specified, one (1) Entry per person per Contest Post during the Contest Period.
By participating in the Contest, each entrant hereby warrants and represents that any Response he/she submits: (a) is original to him/her and that the entrant has obtained all necessary rights in and to the Response for the purposes of entering such Response in the Contest; (b) does not violate any law, statute, ordinance or regulation; (c) does not contain any reference to or likeness of any identifiable third parties; (d) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and (e) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: (i) nudity; alcohol/drug consumption or smoking; (ii) explicit or graphic sexual activity, or sexual innuendo; (iii) crude, vulgar or offensive language and/or symbols; (iv) derogatory characterizations of any ethnic, racial, sexual, religious or other groups; (v) content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; (vi) the personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); (vii) commercial messages, comparisons or solicitations for products or services other than the Sponsor; (viii) any identifiable trade-marks and/or brand names (other than those of the Sponsor); (ix) conduct or other activities in violation of these Rules; and/or (x) any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.
The Sponsor, its promotional agency and/or a content moderator designated by the Sponsor (the “Reviewer”) reserves the right to screen all Responses. Any Response that the Reviewer deems, in its sole discretion, to violate these Rules, the Facebook Rules, the Instagram Rules and/or the Twitter Rules are subject to disqualification. The Reviewer reserves the right, in its sole discretion, at any time and for any reason, to hide/delete a Response with or without prior notification to the entrant and/or request an entrant to modify, edit and/or re-submit his or her Response in order to ensure that the Response complies with these Rules, the Facebook Rules, the Instagram Rules and/or the Twitter Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Response (and therefore the corresponding Entry/Prize, if any, and/or the associated entrant) – to ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.
The entrant must submit each Entry personally. The entrant may only use one (1) Facebook, Instagram and/or Twitter account in connection with the Contest. Sponsor is not responsible for lost, late, undelivered, invalid, unintelligible, incomplete, misdirected, illegible, or damaged Entries, which will be disqualified. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Without limiting the generality of the foregoing, if a Facebook, Instagram or Twitter account used to enter the Contest is closed before the deadline specified in the Contest Requirements, or before the entrant is contacted by the Sponsor to receive a Prize, any Entries made by that entrant via the closed account will be deemed ineligible and will not entitle the individual to an Entry.
Any attempt by any entrant to obtain more than the stated number of Entries by using multiple email addresses, social media accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified at Sponsor’s sole discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in the disqualification of the entrant. In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to a social media account by a provider, service provider or other organization responsible for assigning the account for the email address. Potential winners may be required to show proof of being the authorized account holder.
This Program includes various Contests posted to the Circle K Canada Social Pages. The quantity, value and description of prizes available to be won for each Contest is presented in the Contest Requirements (each a “Prize” and collectively, the “Prizes”).
The 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 for money, unless otherwise agreed to by the Sponsor. Sponsor reserves the right to substitute a Prize by a prize of equivalent or greater monetary value if Sponsor is unable to award any Prize as described in the present Rules. In no way more than the stated number of Prizes will be awarded. A promotional prize offering cannot be combined with any other offer.
For each Contest, potential winners will be selected at random from all eligible Entries received during the Contest Period. Odds of winning a Prize depend on the total number of eligible Entries received during the Contest Period. Odds of winning may also depend on the number of prizes allocated to your region. Limit: one (1) Prize per person during the Contest Period.
7. NOTIFICATION AND PRIZE CLAIM CONDITIONS.
Within the two (2) days period following the draw, the Sponsor or its designated representative will attempt to contact the selected entrants by any means available, including but not limited to any one or more of the following: (i) posting to one or more of the Circle K Canada Social Pages; (ii) commenting on a post on one or more of the Circle K Canada Social Pages; or (iii) sending a private message via one or more of the Circle K Canada Social Pages. In the event that, for any reason, Sponsor cannot contact the selected entrant within a five (5) business days period following the first notification, the selected entrant may be disqualified and Sponsor may, at its sole discretion, proceed to a new drawing amongst all eligible Entries received to identify another potential winner who will be subject to disqualification in the same manner. The Sponsor will not be responsible for selected Participants who cannot be contacted or who do not respond in a timely manner.
Before being declared a winner and being awarded a Prize, the selected entrant may be required to do any or all of the following: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question; (ii) supply proof of age consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification; (iii) supply proof of address consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification. The selected entrant may also be required to sign and return within five (5) business days the Sponsor’s Declaration and Release Form (the “Release Form”), which (among other things): (i) confirms compliance with these Rules and acceptance of the applicable Prize as awarded without substitution; (ii) releases the Sponsor, its affiliated and related companies, the prize suppliers, advertising and promotional agencies, the independent contest judging organization and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns from any liability in connection with this Program and the Contest, the selected entrants’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) agrees to the publication, reproduction and/or other use of his/her name, Facebook, Instagram and/or Twitter username, Circle K Canada username, address, voice, statements and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet.
Declining the Prize, failing to correctly answer the mathematical skill-testing question or failing to return the properly executed Release Form within the time period indicated on the Release Form will cause the Prize to be forfeited and a new winner selected in accordance with the process for the applicable Prize, as described above.
In most cases, Prizes will be delivered to winners at the address submitted within four (4) to eight (8) weeks of receiving their correctly completed prize claim form. The Sponsors are not responsible for contacting or forwarding prizes to winners who leave unclear or incomplete information, or for prizes lost, misdirected, delayed or destroyed while in transit from the Sponsors' premises.
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry for the purposes of administering the Contest, the Program and Prize fulfillment. Winners consent to the Sponsor’s use of their names, photographs, cities, voices, images and/or statements, related to their Prize for publicity purposes in any manner or media including the Internet, at any time, in perpetuity, without compensation or notice.
The opportunity to receive other communications about Sponsor’s products, contests and other promotional offers may be provided by Sponsor.
9. LIMITATION OF LIABILITY AND RELEASE
By participating into the Program and a Contest, entrants agree to release and hold harmless Sponsor, its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and any other interveners related to the Program or a Contest and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns and Facebook, Instagram and/or Twitter (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the participation in the Program, a Contest or misuse of any Prize.
Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Program or a Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Program or a Contest website in whole or in part for any reason; service interruptions or disconnections of Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Program or a Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Program or a Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Program or a Contest or acceptance, use, implementation or misuse of any Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.
This Program is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram and/or Twitter. Facebook, Instagram and Twitter are completely released from any liability by each of the participants in this Program. Any questions, comments or complaints regarding the Program or a Contest must be directed at the Sponsor.
10. RIGHT TO MODIFY / SUSPEND / TERMINATE
Sponsor reserves the right, at Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Program and/or a Contest, in whole or in part, without notice or obligation.
Without limiting the generality of the foregoing, if the Program and/or a Contest, or any part thereof, is impaired in any way for any reason or is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Program and/or a Contest, Sponsor may, in its sole discretion, void any Entry and: (a) terminate this Program and/or a the Contest, or any portion thereof; (b) modify or suspend the this Program and/or a Contest, or any portion thereof, to address the impairment and then resume the this Program and/or a Contest, or relevant portion, in a manner that best conforms to the spirit of these Rules; and/or (c) award the Prizes from among the eligible Entries received prior to the discovery of the issue, in accordance with the selection criterion set forth herein.
Sponsor reserves the right, in its sole discretion, to disqualify from this Program and/or a Contest any person that tempers or attempts to temper with or is suspected to have tampered with or attempted to tamper with the entry process, the operation of the Program and/or a Contest, who does not comply with these Rules or acts in a manner that goes against the spirit of the Program and/or a Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE PROGRAM AND/OR A CONTEST PLATFORM/APPLICATION (OR A WEBSITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM AND/OR A CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All decisions rendered by the Sponsor and/or its authorized representatives regarding any aspects of the Program and/or a Contest are final. The Program and/or a Contest is subject to all applicable federal, provincial and municipal laws. Any and all disputes, claims, and causes of action arising out of or connected with these Rules shall be resolved individually, and exclusively by the courts in Calgary, Alberta. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.
For further Program details or inquiries contact a promotional representative at:
Circle K’s Social Media Contest Program c/o 612 Creative
#204 – 768 Columbia Street
New Westminster, British Columbia V3M 1B4
Attention: Social Media Contest Program