Contest PeriodThe Contest commences on January 1, 2019 at 12:00:01 AM (ET) and closes on April 19, 2019 at 4:59:59 PM (ET) (the “Contest Period”). For the purposes of these Rules, a Day will be defined as 12:00:01 AM (ET) to 12:00:00 AM (ET) the following day (each, a “Contest Day” and collectively, the “Contest Days”) other than April 19, 2019 (the “Contest Closing Date”) which begins at 12:00:01 AM (ET) and ends at 4:59:59 PM (ET) as noted above. The Contest computer system (the “Contest Computer”) is used to govern all computer and time-related aspects of the Contest and, among other things, is the official time-keeping device for the Contest.
EligibilityTo be eligible for the Contest an individual, herein defined as an “Entrant”, must at the time of entry: (i) be a resident of and physically located in Canada; (ii) have reached the legal age of majority in their province or territory of residence, and (iii) have and use only one (1) valid e-mail address to participate in the Contest. Employees, representatives, agents, officers and directors (and immediate family members and members of the same household of such persons, including common law spouses and persons with whom such persons are domiciled) of Mars Canada Inc. (the “Sponsor”), and its respective subsidiaries, affiliates, associated companies, prize suppliers, advertising/contest agencies and any other individual or entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”) are not eligible to enter or win a prize.
How To Enter
No Purchase Necessary. To register, go to www.excelfearnofood.ca (the “Website”).
First time visitors: Click “Sign Up” and complete the Official Registration Form (the “Registration Form”) with your first and last name; e-mail address; create and confirm a password (the “Password”), complete mailing address; daytime telephone number; age; correctly answer the mathematical skill-testing question (found on the webpage) without any mechanical assistance of any kind; read and accept the Rules, and select “Sign up” to submit your completed Registration Form (the “Registration”). Upon successful Registration, you will receive a “Welcome” and “Thank you” message confirming your registration and one (1) entry (an “Entry”).
Returning visitors: Select “Log In”; enter your e-mail address and password and select “Log In” to submit an Entry. Each Entrant is allowed only one (1) Entry on each Contest Day of the Contest Period.
Submitting an Entry: Entrants will receive a “Thank You” message for any subsequent successful Entry after Registration. If an Entrant does not receive a “Thank You” message, look for a message that provides further direction on why your attempted Entry was not accepted.
Limits and Maximum Numbers of Entries
There is a limit of one (1) Registration per person. All Registrations must be submitted by the individual/Entrant and not by another individual on Entrant’s behalf. For greater certainty, a person can only use one (1) e-mail address to enter the Contest and under no circumstances can an e-mail address be shared with another individual. Your Registration and Entries may be rejected if (in the sole and absolute discretion of the Sponsor) the Registration Form is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period. The Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Registrations or Entries (all of which are void).
The maximum number of Entries that an eligible Entrant can submit in relation to this Contest is one hundred and nine (109) Entries. This is only possible if an eligible Entrant: (i) completes his/her Registration on the first Contest Day of the Contest Period (1 Entry); (ii) visits the Website and logs-in by using his/her e-mail address and Password on each of the one hundred and eight (108) remaining Contest Days of the Contest Period for a total of one hundred and nine (109) Entries. Under no circumstances will any person or persons be permitted to obtain more than the stated maximum number of Entries in relation to this Contest.
If it is discovered by the Sponsor or Bespoke Perspective Inc. (the “Contest Administrator”) that any person has attempted to: (i) obtain more than one (1) Registration; (ii) use multiple names, identities, e-mail addresses; (iii) obtain more than the stated maximum number of Entries via any given method of submitting Entries as specified in these Rules in relation to this Contest; or (iv) use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest and all eligible Entries received to date or thereafter may be deemed void in the sole and absolute discretion of the Sponsor.
All Registrations are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility in a form acceptable to the Sponsor (including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Registration or Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and/or spirit of these Rules.
Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest Computer.
Daily Prizes: Each daily prize consists of one (1) $100.00 CDN Visa prepaid gift card (“Daily Prize”). A total of one hundred and nine (109) Daily Prizes are available to be won, with one (1) Daily Prize awarded for each Contest Day during the Contest Period. For each draw, Entrants will be drawn from the total number of cumulative eligible Entries received from the start of the Contest to the end of the applicable Contest Day, less the Entries drawn on previous Contest Days for the Daily Prize. See section 7.a Daily Prize Draws for further details. The total value of all Daily Prizes over the Contest Period is $10,900.00 CDN (excluding tax).
Grand Prize: Each grand prize consists of a FEAR NO FOOD DINNER AT A RESTAURANT ANYWHERE IN THE WORLD for one (1) winner and one (1) guest, at a restaurant location to be chosen by the winner, valued at up to a maximum of $12,000.00 CDN (excluding tax) (the “Grand Prize”). DINNER VALUE NOT TO EXCEED $1000.00 CDN AND TOTAL TRIP PACKAGE, INCLUDING DINNER, NOT TO EXCEED $12,000.00 CDN. EACH GRAND PRIZE WINNER WILL BE RESPONSIBLE FOR ANY COSTS EXCEEDING THE ABOVE DOLLAR LIMITATIONS SET FOR THE DINNER AND FOR TRIP PACKAGE RESTAURANT CHOICE/RESERVATION SUBJECT TO AVAILABILITY. SPONSOR DOES NOT GUARANTEE A SPECIFIC RESTAURANT WILL BE AVAILABLE. Three (3) Grand Prizes are available to be won amongst all eligible Entries received during the Contest Period. The total value of the three (3) Grand Prizes is a maximum of $36,000.00 CDN (excluding tax).
There are two (2) steps in claiming the Grand Prize, as follows:
Each Grand Prize winner shall select a RESTAURANT for dinner for the winner and guest. SPONSOR CANNOT GUARANTEE ANY PARTICULAR RESTAURANT CHOSEN BY A GRAND PRIZE WINNER WILL BE AVAILABLE. The date selected and reserved for the dinner is at the discretion of the winner but must be within seven (7) months of the Contest Closing Date, which is October 19, 2019. IT IS THE WINNER’S RESPONSIBILITY TO CONTACT THE RESTAURANT AND MAKE THE DINNER RESERVATION. The Sponsor and Contest Administrator accept no responsibility for making a dinner reservation or ensuring a reservation at the restaurant of the winner’s choice is available on or before October 19, 2019. Once the reservation has been booked the winner shall provide the reservation information to the Contest Administrator for verification. In the event that the chosen restaurant has been contacted by the winner but a confirmed reservation is not possible, winner shall convey this information to the Contest Administrator for confirmation.
Once the restaurant has been confirmed, with the assistance of the designated travel advisor (the “Travel Advisor”) and in consultation with the Contest Administrator, the winner and guest shall select: i) travel arrangements to the chosen restaurant location (air transportation or other options) as well as other transportation bookings, including car rental or transportation to and from airport, if required; and ii) hotel reservations or other accommodation. (all travel accommodations and hotel reservations together referred to as the “Trip Package”) up to a maximum total cost of $10,000.00 CDN (excluding taxes). The winner is solely responsible for any Trip Package charges over and above $10,000.00 CDN. Once the Trip Package is finalized it must be approved by the Contest Administrator. The winner and guest are solely responsible for any costs associated with their personal travel documents such a valid passport and to ensure any visa or entry requirements are met for the country/location chosen by the winner for the Trip Package. Once approved, the Travel Advisor will issue an invoice to the Contest Administrator for up to $10,000.00 CDN including all incremental foreign service fees or taxes and travel administration fee, if any. INCREMENTAL CHARGES OVER AND ABOVE $10,000.00 CDN WILL BE CHARGED TO AND WILL BE THE RESPONSIBILITY OF THE WINNER AND GUEST. Once the winner and guest pay the incremental Trip Package amount, if any, over $10,000.00 CDN, the Contest Administrator will pay the Travel Advisor the $10,000.00 CDN payment. If the Trip Package total amount is less than $10,000.00 CDN, there is no cash surrender value and the amount remaining is forfeited.
Prior to the departure date set out in the Trip Package, the winner will be provided with $1,000.00 CDN for dinner expenses and $1,000.00 CDN for spending money (Total $2,000.00 CDN) by way of a money order payable to the winner. It is the winner’s sole responsibility to confirm acceptable currency and payment requirements of the chosen restaurant as well as the country/location chosen by the winner for the trip. The up to $10,000.00 (excluding taxes) Trip Package payment to the Travel Advisor plus the $2,000.00 CDN money order provided to the winner completes the up to $12,000.00 CDN value (excluding taxes) of the Grand Prize.
Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No amendments or substitutions to any of the terms and details will be allowed, except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize with a prize of equal or greater retail value. The winner or guest cannot redeem or use any frequent flyer or loyalty points when making any reservations or bookings related to the Trip Package.
There is a limit of one (1) Daily Prize per person and one (1) Grand Prize per person, per household address. An Entrant is still eligible to win a Grand Prize even if they are a Daily Prize winner.
Eligible Winner Selection and Odds of Winning
Daily Prize Draws There will be a total of one hundred and nine (109) random draws conducted by the Contest Administrator. One (1) Entrant will be randomly selected per Contest Day. The draw for each Contest Day shall occur on the next Contest Day, except as described below. All daily draws will be held on or about 11:00:00 AM (ET) in Oakville, Ontario. The first random draw will be held on January 2, 2019 from Entries received between 12:00:01 AM (ET) on January 1, 2019 and 12:00:00 AM (ET) on January 2, 2019. Thereafter random draws will be held for each Contest Day during the Contest Period from the cumulative entries received by the end of that Contest Day. Draws for Entries where the Contest Day falls on a Friday, Saturday or Sunday will be performed on the following Monday. If the draw date falls on a statutory holiday, the draw shall occur on the next business day. Therefore, the last random draw for the April 19, 2019 Contest Day will be held on April 22, 2019. Odds of winning a Daily Prize will depend on the total number of cumulative eligible Entries received from the start of the Contest to the end of the applicable Contest Day, (less the Entries drawn on previous Contest Days for the Daily Prize). If for any reason whatsoever, there are not sufficient Entries received for any specific Contest Day, the Daily Prizes will be awarded on the following Contest Day. This process will continue until all Daily Prizes are awarded until the Contest Closing Date, and any unawarded Daily Prizes will be forfeited.
Grand Prize Draw A random draw for three (3) eligible Entrants will be conducted from all Entries received by the end of the Contest Closing Date on or about April 22, 2019 at 11:00:00 AM (ET) in Oakville, Ontario. Odds of winning the Grand Prize will depend on the total number of eligible Entries received by the end of the Contest Closing Date.
Each selected Entrant, who must be the age of majority in his/her province or territory will be contacted by e-mail within ten (10) business days from the draw date. If any selected Entrant does not reply to the e-mail within the ten (10) day time frame indicated within the e-mail, his/her Entry will be disqualified without any liability to the Sponsor, and another Entrant will be randomly selected from the remaining eligible Entries from that Contest Day or the Grand Prize Draw, as applicable, and the process above will be repeated until such time as contact is made with a selected Entrant from that Contest Day or for the Grand Prizes, as applicable, until there are no more eligible Entrants from that Contest Day or Grand Prizes.
Eligible Winner Confirmation Process
Before being declared a confirmed winner, each selected Entrant’s answer to the mathematical skill-testing question must first be verified to ensure he/she has answered it correctly on the Registration Form. If any selected Entrant (each an “Eligible Winner”) has incorrectly answered the mathematical skill-testing question, he/she will be disqualified without any liability to the Sponsor, and another Entrant will be randomly selected from that Contest Day or for the Grand Prizes, as applicable, and the above process will be repeated until such time as there is one (1) Daily Prize winner per Contest Day with three (3) Grand Prize winners or no more eligible Entries are available for the specific Contest Day or Grand Prizes.
Release FormPrior to being declared a winner and receiving a Daily Prize or one of the three (3) Grand Prizes (collectively, referred to as a “Prize”), each selected Entrant and grand prize winners’ guests, will be required to complete and return the Sponsor’s Declaration of Compliance and Release of Liability Form (the “Release Form”). By completing and returning the Release Form and accepting a Prize, each Eligible Winner and guest hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address (city and province), voice, video, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet for perpetuity worldwide. If an Eligible Winner: (a) failed to correctly answer the skill-testing question on the Registration Form; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason (including being unable to make a dinner reservation at a restaurant of the winner’s choosing or to attend the dinner within the seven (7) month time limitation); (c) does not return the Release Form within ten (10) business days, the time period specified on the Release Form; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible Entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the applicable Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected Entrant).
Delivery of PrizesDaily Prizes will be sent by courier requiring signed receipt to each verified Daily Prize winner’s address as indicated on the Registration Form within sixty (60) days of each draw date. If any Prize is returned as undeliverable, the Prize winner will forfeit their Prize and the Prize will not be awarded. Grand Prize details will be communicated via e-mail to each of the Grand Prize winners. Flights or other transportation to and from the Hotel, Hotel accommodation, Fear No Food Dinner Anywhere in the World Experience details and additional Prize details will be arranged by the Contest Administrator and communicated to each of the Grand Prize winners. Final travel documents, dinner reservations and associated information will be delivered via registered mail to each of the Grand Prize winners once arranged.
All Registrations and Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Registrations, Entries, and/or Entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
Unless otherwise directed by the Sponsor, no correspondence will be entered into except with the Eligible Winners. The Released Parties are not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to errors in the Entrants’ Registration Form, advertising materials, these Rules, the selection and announcement of the Prizes and/or Prize Eligible Winners and/or the distribution of the Prizes.
Further, the Released Parties will not be liable for: (i) any failure of the Website during the Contest Period; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Registration, and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above. Prizes may not be exactly as shown. PRIZES ARE AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER BY SPONSOR OR THE PRIZE PROVIDER, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR INTENDED PURPOSE.
In the event of a dispute regarding who submitted a Registration/Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Registration/Entry to have been submitted by the authorized account holder of the e-mail address submitted at the time of Registration. “Authorized account holder” is defined as the person who is assigned an e-mail address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be required to provide proof (in a form acceptable to the Sponsor, including, without limitation, government issued photo identification) that he/she is the authorized account holder of the e-mail address associated with the Registration/Entry in question.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate mathematical skill-testing question as it deems appropriate based on the circumstances and/or to comply with applicable law.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity Contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry with these Rules, or as a result of any technical or other 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 Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Registration Form, Website, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
This Contest is exclusively governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Except as noted in Rule 10f, any dispute arising hereunder shall be adjudicated solely in the applicable court in Toronto, Ontario, Canada.
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