Ferrero Canada – The Kinder Surprise Them Back – Win 1 of 3 grand prizes of a theme party valued at up to $5,000 OR 1 of 3,000 minor prize packs
The Kinder Surprise Them Back Contest
OFFICIAL CONTEST RULES & REGULATIONS
Open to residents of Canada Only
NO PURCHASE NECESSARY. The KINDER® Surprise Them Back Contest (the “Contest”) is sponsored by Ferrero Canada Limited (the “Sponsor”). The Contest begins at 12:00:01 AM Eastern Time (“ET”) on December 1, 2017 and ends at 11:59:59 PM ET on July 31, 2018 (the “Contest Period”).
To enter and be eligible to win, an entrant must be a legal resident of Canada who at the time of Entry has reached the age of majority or older in the province/territory in which he/she resides and the entrant must not be, or be domiciled with, a Contest Party or an immediate family member thereof (an “Entrant”). Contest Parties means employees (present or within the last year), representatives and agents of (1) Sponsor, (2) Sponsor’s (i) affiliated and related companies and (ii) advertising or promotion agencies and (3) entities involved in the development, production, administration, or fulfillment of the Contest. In these Official Rules, “immediate family member” means the Entrant’s mother, father, brother, sister, son, daughter or legal or common-law spouse.
2. HOW TO ENTER THE CONTEST: There is one (1) method of Entry to enter the Contest:
Online Entry: Visit www.surprisethemback.ca (the “Contest Website”) during the Contest Period. Next, click on the “Enter Here” button to upload your photo (the “Photo”). Then, enter your name, email address and mailing address, 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 (the “Entrant Information”). The Photo and the Entrant Information shall be collectively referred to herein as the “Entry”.
Limit of four (4) total Entries per person during the Contest Period. Any person who enters the Contest more than once, up to the total number of Entries permitted, must provide the same email and mailing address in each Entry in order to have their Entries count toward the same Entrant.
Subject to the eligibility requirements set out in these Official Rules, one Entry entitles a person to one chance to win a Secondary Prize (as defined in Rule 4 below) and automatically qualifies that person for at least one chance to win a Grand Prize (as defined in Rule 4 below), in accordance with these Official Rules.
All Entries must be received on or before 11:59:59 PM ET on July 31, 2018 (the “Contest Closing Date”). Winners of a Secondary Prize (as defined below in Rule 4) will be sent their prize by regular post to the address provided on the Claim Form (see Rule 6 below) within seven (7) weeks of correctly completing the Claim Form. Grand Prize winners (as defined below in Rule 4) will be sent a release form (see Rule 7 below) to the email address associated with his/her Entry within ten (10) business days of the Draw Date (see Rule 5 below). Grand Prize winners must return the release form within five (5) business days in order to be declared a winner.
Limitations: There is a limit of one (1) Grand Prize and two (2) Secondary Prizes per person and one (1) Grand Prize and two (2) Secondary Prizes per household (see Rule 4 below for definition of Grand Prize and Secondary Prize) and a combined total limit of three (3) Prizes per person. A person is ineligible to be declared the winner of any further Prize if he or she (1) has reached the limit for the given Prize type, as set out in this Rule; or (2) resides in a household where all individuals residing in the household, collectively (including the Entrant), have reached the applicable Prize limit as described in this Rule.
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.
3. PHOTO SUBMISSION GUIDELINES & REQUIREMENTS:
If the Entrant’s Photo does not follow these guidelines (“Photo Submission Guidelines & Requirements”), the Entry will be deemed void:
Must be the original creation of the Entrant;
Must be no more than 5MB size;
Must be in one of the following file formats: JPEG, JPG, PNG or GIF;
Must not contain any person or people other than the Entrant and/or the Entrant’s child/ren;
Entrant is not required to include Kinder Surprise products or packaging in the Photo, however, if Kinder Surprise products are used, Entrant must use them in a respectful and non-indulgent manner and otherwise use it in a way that complies with all of the Submission Guidelines & Requirements set forth herein;
Must not include any dangerous activity (as determined by Sponsor in Sponsor’s sole discretion);
Must not have been previously published in any medium (including any social media site) or submitted in any other competition or contest;
Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright or trademark infringement or legal or moral rights of any third party, living or deceased, when used as provided for in these Official Rules;
Must not disparage another Entrant or any other person or party affiliated with the Promotion;
Must not in any way contain (whether verbally or visually) any brand names, logos or trademarks (including those that might appear on clothing) other than those of Sponsor. If the Photo does show a third party brand name, logo or trademark, Sponsor reserves the right in its sole discretion to edit the image to ensure no such marks are visible;
Must be the sole, exclusive and original work of the Entrant and must not contain artwork (including background artwork), photographs, quotes, literature or other materials not created by Entrant;
Must not contain, facilitate, reference or use material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, fraudulent, defamatory, slanderous or libelous;
Must not contain, facilitate, reference or use material that promotes, exploits, incites or encourages bigotry, racism, hatred, harm or bullying against any group or individual or promotes discrimination based on race, gender identity, religion, national or ethnic origin, disability, sex or sexual orientation, political orientation, citizenship, ancestry, marital status, age or disability;
Must not 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;
Must not undermine human dignity; or display obvious indifference to, or encourage, gratuitously and without merit, conduct or attitudes that offend the standards of public decency prevailing among a significant segment of the population.
Must not contain, facilitate, reference or use material that contains prohibited content, which shall include, but not be limited to, content that promotes, suggests or encourages (i) use of firearms/weapons/ammunition; any illegal drugs; prostitution, pornography, nudity, profanity or other adult content; violence; or the use of alcohol, tobacco products or e-cigarette products; (ii) taking up arms against any person, government or entity (or otherwise challenges or seeks to overthrow any government) or any particular political agenda or message;
Must not contain personally identifiable information, such as Entrant’s, Entrant’s child/ren or a third party’s full name, address, email address or phone number; and
Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in Canada.
Sponsor/Administrator reserve the right in their sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, any other person or entity, or does not comply with these Photo Submission Guidelines & Requirements or these Official Rules.
4. PRIZES and ODDS: There will be a total of three thousand and three (3,003) contest prizes (each referred to as a “Prize” or collectively as “Prizes”) available to be won consisting of three (3) grand prizes (each a “Grand Prize”) and three thousand (3,000) secondary prizes (the “Secondary Prizes” or each a “Secondary Prize”), which are as follows:
GRAND PRIZE: There will be three (3) Grand Prizes available to be won, each consisting of a theme party with a total maximum value of $5000.00 (CDN) excluding taxes (the “Maximum Value”) (the “Party”) in Canada to be organized by the Sponsor, on a mutually agreeable date. The Winner will be required to submit a list of guests (the “List of Guests”) to the Sponsor within thirty (30) days of being declared the Grand Prize winner (See Rule 7 below). The List of Guests shall include a maximum of eleven (11) pairs, each consisting of one (1) child and one (1) guardian. The Winner will select one of the following themes for the Party: Rock Star, Dress Up, or Carnival. The Party location, activities and all elements of the Party are at the Sponsor’s sole and absolute discretion. Any unused value of a Grand Prize will be null and void. For greater certainty, in the event the value of the Party is lower than the Maximum Value, the Grand Prize winner will not be compensated whatsoever for the difference.
SECONDARY PRIZES: There will be a total of three thousand (3,000) Secondary Prizes available to be won during the Contest Period. Each Secondary Prize consists of: (1) a print-out of your Photo; (2) a card stock activity photo frame; and (3) a single sheet of stickers, collectively having a total approximate retail value (the “ARV”) of $3.24 (CDN).
The total ARV of all Prizes available to be won is up to $ 24,720.00 (CDN). Prizes must be accepted as awarded without substitution, and are not (1) transferable, (2) for resale or (3) 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 Grand Prize winner depend upon the number of eligible Entries received and the timing of Entry. Grand prize winners will be selected by a random draw on each of the three Draw Dates (one for each Grand Prize) as described in Rule 5 below. Odds of winning a Grand Prize depend on number of eligible entries received and on the number of draws that remain to take place at the time of entry.
The odds of becoming a potential Secondary Prize winner depend on the number of eligible Entries received 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 Secondary Prize. The first person who enters the Contest, by following the steps in Rule 2 above, on or after a Winning Time, shall be deemed the potential winner of the applicable Secondary Prize. At the beginning of the Contest Period there are three thousand (3,000) Secondary Prizes available to be won but as Secondary Prizes are claimed, the number of Secondary Prizes available will be reduced accordingly. It is possible that some Secondary Prizes will remain un-awarded at the end of the Contest Period.
5. GRAND PRIZE DRAW DATES AND WINNER SELECTION PROCESS:
There will be three (3) Grand Prize draws, each taking place in Toronto, Ontario at approximately 12:00 p.m. ET on the following dates:
(i) March 1, 2018;
(ii) May 16, 2018; and
(iii) August 1, 2018
(each a “Draw Date” and collectively, the “Draw Dates”).
On each Draw Date, one (1) eligible Entrant will be selected at random (using a computer algorithm) from among all eligible Entries received in accordance with these Official Rules during the following drawing periods:
(i) from the start of the Contest Period up until 11:59:59 PM ET on February 28, 2018;
(ii) from 12:00 AM ET on March 1, 2018 up until 11:59:59 PM on May 15, 2018; and
(iii) from 12:00 AM ET on May 16, 2018 up until 11:59:59 PM on August 1, 2018
(each a “Drawing Period” and collectively, the “Drawing Periods”). For clarification purposes, eligible Entries not selected on a particular Draw Date will carry over into subsequent Drawing Periods to become an eligible Entry for the next Draw Date (if any).
6. WINNER NOTIFICATION PROCESS:
Secondary Prize Winner Notification:
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 above) and you will need to complete a form (the “Claim Form”) with your first and last 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. After you correctly complete all of these steps, click the “Submit” icon. 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 contents of the photo do not, in the Sponsor’s sole and absolute discretion, follow the content requirements outlined in Rule 3, the Sponsor reserves the right to disqualify the winner and the winner will not be sent his/her Prize. Secondary Prizes will be delivered by regular mail within 5-7 weeks of the potential winner being declared a winner.
Grand Prize Winner Notification:
Within ten (10) business days of each Draw Date (see Rule 5 above), the Sponsor or its designated representative will make five (5) attempts to contact the selected Entrant by telephone or email (using the information provided at the time of Entry). If the selected Entrant cannot be contacted within five (5) attempts or ten (10) business days of the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable, then that selected Entrant will be disqualified. In the event of a disqualification, or in the event that Ferrero otherwise determines, in its sole and absolute discretion, that a selected Entrant is ineligible under the terms of these Official Rules, Ferrero reserves the right, but is not required, to randomly select an alternate eligible Entrant from among the remaining eligible Contest Entries.
7. GRAND PRIZE DECLARATION: To be declared the Grand Prize winner, the selected potential winner will be required to:
(a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and
(b) sign and return, within five (5) business days of receipt from Sponsor, the Sponsor’s release form, which (among other things):
(1) confirms compliance with these Official Rules;
(2) acknowledges acceptance of the Grand Prize as awarded;
(3) releases the Sponsor, the Contest Parties and their affiliated and related companies, and their respective current and former shareholders, directors, officers, employees, agents, representatives, successors and assigns (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
(4) 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 but not limited to print, broadcast, social media, or the internet.
Upon receipt and verification of the release form, the Grand Prize will be coordinated and held by the Sponsor with the confirmed winner within six (6) months.
8. 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, Entrants acknowledge that the Prize must be accepted as awarded, without substitution (unless substituted by the Sponsor in its sole and absolute discretion). 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.
9. TERMS OF ENTRY: 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 license 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 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;
authorizes the Sponsor to display the Photo in the photo gallery on the Contest Website
waives all moral rights in and to the contents of his/her Photo (if uploaded by Entrant) in favour of the Sponsor;
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; and
represents that he/she is the parent, guardian or other authorized legal representative of any minor shown in an uploaded Photo (if applicable), and grants the rights described in paragraphs 2 through 5 above on behalf of such minor(s).
10. RELEASE: You release the Releasees (as defined in Rule 7 above) 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.
11. CONTEST CHANGES: 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.
12. 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.
13. CONSENT TO USE PERSONAL INFORMATION: 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. Further, if the Photo uploaded by you contains personal information about you or about a child for whom you are the parent, guardian or other authorized legal representative, you consent to the use of the Photo for the purposes described in Rule 9 above.
14. INTERPRETATION: 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.