The Kinder 2017 Instant Win Contest
OFFICIAL CONTEST RULES & REGULATIONS
Open to residents of Canada Only
NO PURCHASE NECESSARY. The KINDER® 2017 Instant Win Contest (the “Contest”) is sponsored by Ferrero Canada Limited (the “Sponsor”). The Contest begins at 12:00:01 AM Eastern Time (“ET”) on December 22, 2016 and ends at 11:59:59 PM ET on December 31, 2017 (the “Contest Period”).
- ELIGIBILITY: To enter and be eligible to win, an entrant must be a legal resident of Canada who at time of entry has: (A) reached the age of majority or older in the province/territory in which he/she resides and (B) is not an employee (and has not been such for at least one year prior to the time of entry), a representative or agent of the Sponsor, Promotion Solutions (the “Independent Contest Organization”) or their respective (1) affiliated and related companies, (2) advertising or promotion agencies, (3) dealers (4) immediate family members, or (5) persons domiciled with any of the above. In these Official Rules, “immediate family members” means the entrant's mother, father, brothers, sisters, sons, daughters and legal or common-law spouse, as applicable.
- HOW TO ENTER THE CONTEST: To enter the Contest, visit www.kindersurprise.ca (the “Contest Website”) during the Contest Period. Next, click on the “Enter Here” button to design and write a letter of no more than 781 characters in length using the customizable features (the “Letter”) including selecting a theme, selecting an image from the options provided or uploading your own photo (the “Photo”), and writing a letter (see rule 3 below for content and format requirements). Then, enter your email address (Optional if you do not want an entry into the Contest. Entering your email address will give you a chance to win. If you do not enter your email address you can still download your letter for printing.), and only if the following statements are true, confirm that (i) you have reached the age of majority in your province or territory of residence and (ii) you agree with the Official Rules. Once the Letter is complete, click “finish my letter” to see whether you are a potential winner of a Any person who enters the Contest more than once must provide the same email and mailing address in each entry. A person must provide an email address if he/she would like to be entered into the Contest.
If you are deemed a potential winner, a notification will appear describing the Prize you are eligible to receive (the “Notification”) (the Prizes are set out in Rule 4 below) and you will need to complete a form (the “Claim Form”) with your child’s name, your full name, your full mailing address (including postal code), and a valid email address. You will also need to correctly answer without help from any person, calculator, tablet, smart phone, computer, machine or any other means, the mathematical skill testing question presented. Next, you may choose to opt in your letter to be added to the Mosaic Wall that appears on the home page of the Contest Website (optional). After you correctly complete all of these steps, click the “Submit” icon and a message will appear providing further instructions on how to claim your prize. All information submitted must be correct for you to claim your prize. It is your responsibility to provide your correct mailing address. If you do not correctly answer the mathematical skill testing question, you will not be declared a winner and will not be awarded the Prize. In the event the content of the letter or the photo do not, in the Sponsor's sole and absolute discretion, follow the content requirements outlined in rule 3 below, the Sponsor reserves the right to disqualify the winner and the winner will not be sent his/her Prize.
All entries must be received on or before 11:59:59 PM ET on December 31, 2017 (the “Contest Closing Date”). Winners of a Secondary or Tertiary Prize (as defined below in rule 4) will be sent their prize by regular post to the address provided on the Claim Form within six (6) weeks of correctly completing the Claim Form. Grand Prize winners (as defined below in rule 4) will be sent a release form (see rule 5 below) to the email address associated with his/her entry within five (5) business days of correctly completing the Claim Form. Grand Prize winners must return the release form in order to be declared a winner.
There is a limit of one (1) Grand Prize per person and one (1) Grand Prize per household (see rule 4 below for definition of Grand Prize) and a combined total limit of three (3) Secondary and/or Tertiary Prizes per person. In the event that either: (1) a person receives more than one Notification that he/she is eligible to win the Grand Prize; or (2) more than one person residing in the same household receives a Notification that he/she is eligible to win the Grand Prize, only the first such Notification shall be valid, and only one (1) Grand Prize will be awarded. An entrant who is deemed a potential winner of a Grand Prize or any person residing in the same household as such entrant is ineligible to win a further Grand Prize.
If it is determined that an entrant has entered in a fashion not sanctioned by these Official Contest Rules & Regulations, the entrant will be disqualified and all of the entries submitted by the entrant will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
- CONTENT & FORMAT REQUIREMENTS: The Letter and Photo:
- must not, in the sole and unfettered discretion of the Sponsor (a) contain distasteful content, (b) condone any form of personal discrimination, including discrimination based upon race, national or ethnic origin, religion, gender identity, sex or sexual orientation, age or disability; (c) appear to exploit, condone or incite violence; nor appear to condone, or directly encourage, bullying; nor directly encourage, or exhibit obvious indifference to, unlawful behaviour; (d) demean, denigrate or disparage one or more identifiable persons, group of persons, firms, organizations, industrial or commercial activities, professions, entities, products or services, or attempt to bring it or them into public contempt or ridicule; (e) undermine human dignity; or display obvious indifference to, or encourage, gratuitously and without merit, conduct or attitudes that offend the standards of public decency; or without limiting the generality of the foregoing (f) contain any of the following: any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content; including but not limited to crude, vulgar or offensive symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct (including but not limited to the use of alcohol or drugs); personal information of individuals, including, without limitation, last names, telephone numbers and addresses (physical or electronic);
- must not violate any law, statute, ordinance or regulation;
- must be an entirely original work authored by the entrant, and to which the entrant has all necessary rights to use as contemplated by these Official Rules; and
- must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons, including persons under 13 years of age;
- INSTANT WIN PRIZES: There will be twenty-five thousand and ten (25,010) instant win prizes (each referred to as a “Prize” or collectively as “Prizes”) available to be won consisting of ten (10) grand prizes (each a “Grand Prize”), five thousand (5,000) secondary prizes (the “Secondary Prizes” or each a "Secondary Prize") and twenty thousand (20,000) tertiary prizes (the “Tertiary Prizes” or each a "Tertiary Prize"), which are as follows:
- GRAND PRIZE: There will be ten (10) Grand Prizes available to be won, each consisting of a $500.00 (CDN) shopping spree to a toy store in Canada to be selected by the Sponsor in its sole and absolute discretion (the “Toy Store”) and a print out of the Letter mailed to the address on your Claim Form. The Winner will be required to submit a list of items (the “List of Items”) to the Sponsor within thirty (30) days of being declared the Grand Prize winner (See rule 5), from the on-line website of the Toy Store or by visiting the Toy Store. The List of Items shall have a total maximum value of $500.00 (CDN) (including taxes)(the “Maximum Value”). Any unused value of a Grand Prize will be null and void. For greater certainty, in the event the value of the List of Items is lower than the Maximum Value, the Grand Prize winner will not be compensated for the difference and if the value of the List of Items is more than then Maximum Value, the Grand Prize winner will be solely responsible for paying for any additional costs. Taxes are included in the Maximum Value of the Grand Prize. In the event one (1) or more items on the Grand Prize winner’s List of Items is no longer available, the Sponsor will ask that the Grand Prize winner select alternate items. The List of Items will be shipped within a toy chest in the shape of a KINDER® egg product.
- SECONDARY PRIZES: There will be five thousand (5,000) Secondary Prizes available to be won, consisting of: (1) a print-out of your Letter; (2) a single booklet of children’s activity pages; and (3) a single sheet of stickers, collectively having a total approximate retail value (the “ARV”) of $3.00 (CDN).
- TERTIARY PRIZES: There will be twenty thousand (20,000) Tertiary Prizes available to be won, consisting of: (1) a print-out of your letter; and (2) a single booklet of children’s activity pages, collectively having an ARV of $2.00 (CDN).
The total ARV of all Prizes available to be won is $ 60,000.00 (CDN). Prizes must be accepted as awarded without substitution, are not transferable, and are not for resale or convertible to cash. The Sponsor reserves the right, in its sole and absolute discretion, in the event that a Prize cannot be awarded as described for any reason, to substitute a Prize of equal or greater value without liability.
The odds of becoming a potential Prize winner depend on the number of other entrants and the timing of entry. Using a computer algorithm, Sponsor will randomly pre-select a series of "Winning Times" during the Contest Period, each of which is associated with a single Prize. The first person who enters the Contest on or after a Winning Time shall be deemed the potential winner of the applicable Prize. At the beginning of the Contest Period there are twenty-five thousand and ten (25,010) Prizes available to be won but as Prizes are claimed, the number of Prizes available will be reduced accordingly. Not all Prizes may be awarded.
- GRAND PRIZE DECLARATION: To be declared the Grand Prize winner, the potential winner must have answered correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed online (see rule 2) and received an instant win notification for the Grand Prize. The potential winner will be required to sign and return within five (5) business days of correctly completing the Claim Form the Sponsor’s release form which (among other things): (a) confirms compliance with these Official Rules; (b) acknowledges acceptance of the Grand Prize as awarded; (c) releases the Sponsor, the Independent Contest Organization, their affiliated and related companies, and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns, and, if applicable, their respective advertising or promotion agencies (collectively the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (d) agrees to the publication, reproduction and/or other use of the winner’s 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 the Sponsor in any manner whatsoever, including print, broadcast or the internet. Upon receipt and verification of the Release Form, the Grand Prize will be coordinated by the Sponsor with the confirmed winner within four (4) to six (6) weeks.
- GENERAL: By entering the Contest, entrants agree to abide by the Official Contest Rules & Regulations and the decisions of the Sponsor with respect to all aspects of the Contest, which are final. If selected for a Prize, you acknowledge that the Prize must be accepted as awarded, without substitution (unless substituted by the Sponsor). All entries become the permanent property of the Sponsor and none will be returned. Sponsor shall have the right to edit or modify Entries for any use in perpetuity. Only potential winners and winners will be contacted. The Contest is subject to all applicable federal, provincial, territorial and municipal laws.
- By entering this Contest, in consideration for the chance to win a Prize, each entrant:
- represents that his/her entry satisfies the content and form requirements set out in rule 3 above;
- grants Sponsor a nonexclusive, unlimited, royalty-free, irrevocable right and licence to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, reproduce, dispose of, post, broadcast or otherwise use the Letter and Photo (if uploaded by the entrant), in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Official Rules, and in any advertising or promotions created by the Sponsor in any form of media to promote this Contest and/or future Contests similar to this Contest, without further review, notice, approval or compensation;
- waives all moral rights in and to the contents of his/her Letter and Photo (if uploaded by entrant) in favour of the Sponsor; and
- authorizes the Sponsor to use, his/her name, city of residence, voice, statements, photographs and (or) other image for advertising purposes, without any remuneration whatsoever, unless prohibited by law.
- You release the Releasees from any liability in connection with a Prize or this Contest. The Releasees will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries or Prize claims and all such entries/Prize claims are void. All entries become the property of the Sponsor upon receipt and none will be returned.
The Releasees will not be liable for any failure of the Contest Website, do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry material/data that have been tampered with or altered are void.
- The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux (the “Regie”), to terminate or suspend this Contest or to amend the Official Contest Rules & Regulations at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, the Sponsor reserves the right, with the consent of the Régie, to cancel the Contest. The Sponsor and the independent contest organization shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Contest.
- FOR QUEBEC RESIDENTS ONLY. Any litigation respecting the conduct or organization of a publicity Contest in Québec may be submitted to the Régie for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- CONSENT TO USE PERSONAL INFORMATION: When you voluntarily choose to participate in the Contest, personal information including, but not limited to: 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 your Information, you consent and agree to the Sponsors' collection and use of the Registrant Information to administer this Contest.
- In the event of any discrepancy or inconsistency between the terms and conditions of the English and French Official Contest Rules & Regulations, disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Claim Form, or point of sale, television, print or online advertising; the terms and conditions of the English Official Contest Rules & Regulations shall prevail, govern and control.