Virgin Mobile Canada – Chipoppers-What’s Your Flava – Win a grand prize valued at $3,000 OR 1 of 4 minor prizes
“CHIPOPPERS-WHAT’S YOUR FLAVA?” CONTEST
1. CONTEST PERIOD
The “Chipoppers-What’s Your Flava?” contest (the “Contest”) is run by Virgin Mobile Canada, a division of Bell Mobility Inc. (the “Administrator” or “VMC”), and will take place in Canada. The Contest contains two periods: a flavour submission period (the “Flavour Submission Period”) opening March 1, 2017 at 12:01 a.m. Eastern Time (“ET”) and closing on April 30, 2017 at 12:01 a.m. ET; and a flavour voting period (the “Flavour Voting Period”) opening on May 15, 2017 at 12:01 a.m. ET and closing on July 2, 2017 at 11:59 p.m. ET. The Flavour Submission Period and Flavour Voting Period shall collectively be referred to as the “Contest Period”.
2. CONTEST GROUP
For the purposes of the Contest, the “Contest Group” is composed of the Administrator and Kernels Popcorn Limited, together with franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity to the benefit of which this Contest is held, as well as their respective officers, directors, employees, agents, and other representatives.
The Contest is open to all individuals who:
(a) reside in Canada;
(b) have reached the age of majority in their province/territory of residence as of the date of entering the Contest; and
(c) are valid VMC members as at February 28, 2017 with an account in good standing.
Employees, agents and other representatives of the Contest Group, as well as any person with whom they reside, are not eligible to enter the Contest.
4. METHODS OF ENTRY
There is no purchase necessary to enter the Contest. Individuals may enter during the Contest Period using the method outlined below.
4.1. All eligible entrants may enter the Contest during the Contest Period by clicking the link to be redirected to the contest landing page (the “Contest Website”) in promotional communications advertising the Contest.
a. Submission Period ( March 1 – April 30, 2017):
On the Contest entry form (“Entry Form”), all online entrants must: (i) submit idea for the next flavour of the new Kernels’ Chipoppers; (ii) provide name, age, email address, VMC mobile number; (iii) review and accept these Contest Rules; and (iv) confirm their acknowledgement of and agreement to the release conditions (described in greater detail in Section 9.6 below).
Limit of one (1) entry per entrant during the Contest Period. If duplicate entries are received from any entrant, the entries in excess will be discarded.
b. Finalist Selection (May 1-12, 2017 ):
The top five (5) finalist flavour (“Finalist Flavour”) will be selected by Kernels Popcorn flavour scientists based on the following:
1. The flavor is wacky, original, and has a fun name;
2. Potential taste bud appeal;
3. The flavor is both nut and gluten free.
c. Voting Period (May 15 – July 2, 2017):
Finalist Flavour will be posted on the Website for voting purposes. During the Voting Period, members of the public may place their vote for their favourite Finalist Flavour by visiting the Website, clicking on the Contest page and following the on-screen instructions to ‘vote’ for the Finalist Flavour of his/her choice. There is a limit of one (1) vote per person during the Voting Period and you may only use one (1) email address to vote. If it is discovered that a voter has attempted to obtain more than one (1) vote during the Voting Period, this may result in the disqualification, in the sole and absolute discretion of the Administrator, of the applicable votes and/or Finalist Flavour to which such votes relate. All votes are subject to verification for compliance with these Rules at any time. Use (or attempt to use) of multiple names, identities, email addresses and/or any automated, script, macro or robotic program(s) to submit votes and/or engage in systematic voting (for example, by systematically changing a computer’s IP address) may result in the disqualification, in the sole and absolute discretion of the Administrator, of the applicable votes and/or Finalist Flavour to which such votes relate. Any votes determined by the Administrator to be in violation of these Rules are subject to disqualification in the sole and absolute discretion of the Administrator.
IMPORTANT NOTE: Individuals may encourage other eligible individuals to vote for a Finalist Flavour; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s vote for any Finalist Flavour. Any individual determined by the Administrator to be engaging in such behaviour is subject to disqualification, and the corresponding votes and/or Finalist Flavour to whom such votes relate is subject to disqualification in the sole and absolute discretion of the Administrator.
d. Winner Selection (July 3, 2017 ):
The Administrator will calculate all eligible votes received by each Finalist Flavour in accordance with these Rules (as determined by the Administrator in their sole and absolute discretion) and the entrant associated with the Finalist Flavour which received the most eligible votes during the Voting Period will be the potential Grand Prize winner. The entrant which receives the second highest number of votes will be the potential Secondary Prize winner. The entrants which received the third, fourth and fifth highest votes will be the potential Tertiary Prize winners.
In the event of a tie between two or more eligible Finalist Flavours (based on the highest number of eligible votes received during the Voting Period), the Administrator reserve the right, in their sole and absolute discretion, to randomly draw the potential winner.
5.1 Grand Prize: There is one (1) Grand Prize consisting of the following:
a. The Grand Prize Winner becomes Kernels’ Chipoppers Brand Ambassador and will be provided with exposure on the packaging of their winning Chipoppers flavor;
b.”Popcorn For a Year” (defined as the equivalent of one (1) bag of medium popcorn per week for a calendar year and is valued at $425 CAD). Grand Prize Winner to receive a Kernels gift card for this amount. For greater clarity, Grand Prize Winner may use the Partner gift card as they wish (including at any time) and is not restricted to purchasing popcorn every week;
c. A one thousand dollar ($1,000 CAD) Pre-Paid Visa; and
d. A Virgin Mobile Prize Pack (valued at $200 CAD):
i) Virgin Mobile Groove Cube Bluetooth Speaker;
ii) Virgin Mobile Juicebar USB Charging Station;
iii) Virgin Mobile Bluetooth Phone Tracker;
iv) Virgin Mobile 8GB USB Memory Stick;
v) Virgin Mobile Customized Socks by HS Sweden;
vi) Virgin Mobile Cellphone Wallet; and
vii) Virgin Mobile Mason Jar Drinking Mug;
viii) Virgin Mobile Compact Mirror;
ix) Virgin Mobile Branded Pen;
x) Virgin Mobile Re-usable Shopping Bag.
The approximate retail value (“ARV”) of the Grand Prize if $3,000 CAD.
5.2.Secondary Prizes: There is one (1) Secondary Prize to be won consisting of the following:
a. A five hundred dollar ($500 CAD) Pre-Paid Visa; and
b. A Virgin Mobile Prize Pack (see above, valued at $200 CAD).
5.3. Tertiary Prizes: There are three (3) Tertiary Prizes to be won consisting of the following;
a. A one hundred dollar ($100 CAD) Pre-Paid Visa; and
b. A Virgin Mobile Prize Pack (see above, valued at $200 CAD).
6. ODDS OF WINNING
6.1 Grand Prizes: The odds of winning depend on the number of entries received during the Contest Period.
6.2 Secondary Prizes: The odds of winning depend on the number of entries received during the Contest Period.
6.3 Tertiary Prizes: The odds of winning depend on the number of entries received during the Contest Period.
7. AWARDING OF PRIZE(S)
7.1 To be declared a winner, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Contest Rules, first:
(a) Be reached by telephone and/or email by the Administrator or its representatives within twenty-four (24) hours immediately following the selection of the entry; and
(b) Have correctly answered a mathematical skill-testing question, to be administered by telephone by the Administrator or its representatives at a pre-arranged, mutually convenient time.
7.2 Disqualification: If any one of the conditions mentioned in the Rules is not met, the selected entrant will be disqualified and shall not be entitled to receive any prize, and the Administrator reserves the right, in its sole and absolute discretion, to select at random another eligible entrant as a potential prize winner or to cancel the prize.
7.3 Delivery of Prize(s): Following confirmation of the winner’s eligibility, the Administrator or its representatives will send to the winner(s) a letter informing him or her of the method by which he or she may take possession of the prize(s). Please allow two (2) to four (4) days for delivery. Shipped prize(s) shall not be insured and the Administrator shall not assume any liability for lost, damaged or misdirected prize(s).
8. GENERAL TERMS AND CONDITIONS
8.1 Verification of Entries: The validity of any Contest Entry is subject to verification by the Administrator. Any entries that are illegible, incomplete, fraudulent, or otherwise non-compliant with the Rules, will be disqualified. Any entrant or other individual who enters or attempts to enter the Contest in a manner that is contrary to these Contest Rules or that is otherwise disruptive to the proper operation of the Contest or by its nature is unjust to other entrants or potential entrants will be disqualified. All decisions made by the Administrator or its representatives, including without limitation those concerning the eligibility or disqualification of entrants, are final and binding without right of appeal. All entries become the property of the Administrator and none will be returned.
8.2 Acceptance of Prizes: All prizes must be accepted as described in these Contest Rules and cannot be returned, transferred to another individual, substituted for another prize or exchanged in whole or in part for money. The Administrator and Prize Provider make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ADMINISTRATOR/PRIZE PROVIDER HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8.3 Substitution of Prizes: The Administrator reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute for any prize, or part thereof, another prize of equivalent or greater value, including, without limitation, a cash award.
8.4 Number of Prizes/Winners:By entering the Contest, each entrant acknowledges that the Administrator shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these Contest Rules. In the event that, for any reason whatsoever (including, without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by entrants is greater than the number of prizes available, the Administrator reserves the right, in its sole and absolute discretion, to end the Contest in whole or in part, without notice, subject only to the prior approval of the Régie des alcools, des courses et des jeux, if required, in respect of the Province of Quebec, and to award the correct number of prizes among the correct number of winners, selected in accordance with these Contest Rules from among those entries validly submitted prior to the termination of the Contest.
8.5 Other Changes to Contest Rules:Without limiting the provisions of Rule 8.4 above, the Administrator reserves the right, in its sole and absolute discretion, to modify, cancel, terminate or suspend the Contest, in whole or in part, in the event of any cause or circumstance, including, without limitation, any virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of the Administrator, that could corrupt or affect the administration, security, impartiality or normal course of the Contest, subject to, in respect of the Province of Quebec, the approval of the Régie des alcools, des courses et des jeux du Québec.
8.6Release and Exclusion of Liability by the Entrants: By entering or attempting to enter the Contest, each entrant and/or purported entrant agrees to release, discharge, and forever hold harmless the Contest Group and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Contest, compliance or non-compliance with these Contest Rules and acceptance and use of the prize. Any entrant selected for a prize acknowledges that upon awarding of the prize, the obligations typically borne by the provider of services or goods become that provider’s responsibility. The Contest Group and their shareholders will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Contest website, if applicable, during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting death, injury or damage to any person or property arising from, or relating to, that person’s or any other person’s participation or attempted participation in the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
8.7 Conduct: By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted on the Contest Website throughout the Contest Period. The entrant agrees to be bound by any decision of VMC in connection with the Contest, which will be final and binding in all respects. VMC reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry and registration process, the operation of the Contest, the Contest Website, the Entry Form, or any VMC website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, THE ENTRY FORM, THE VMC WEBSITE (VIRGINMOBILE.CA) OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE CONTEST RULES AND CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VMC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and guest must at all times behave appropriately when taking part in the Contest, the prize and any media obligations and observe the Rules and any other rules or regulations in force online, and/or in any other medium, or at the pre-screening venue, or in any other locations, as applicable. The Contest Group reserves the right to remove from any of these locations, any winner and/or guest, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such winner. The Contest Group reserves full rights to deny or halt winner and/or guest access to the prize and/or participation in the prize, if winner and/or guest are rowdy or intoxicated, as determined at the discretion of the Contest Group or event staff.
8.8 Name/Image of Winners: By entering the Contest, each winner authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
8.9 Intellectual Property and Company Information: All intellectual property, including but not limited to, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by VMC and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. The VIRGIN trademark and family of associated marks are owned by Virgin Enterprises Limited and used under license.
8.10 Governing Law: The Contest is subject to all applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over VMC. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and VMC in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario and laws of Canada applicable herein, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
8.11 Dispute – Québec Residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
8.12 Email Consent: By providing the entrant’s legitimate email address as a method of entering the Contest, the entrant agrees that VMC can send the entrant communications via electronic means, which will include information that may be of interest to the entrant regarding VMC’s products and services and the products and services of VMC’s third-party marketing partners. If at any time the entrant wishes to stop getting such communications, the entrant can visit virginmobile.ca/communicationpreferences or contact VMC by mail at Virgin Mobile Head Office at 720 King Street West, Suite 905, Toronto, Ontario M5V 2T3.
8.13 Personal Information: Unless the entrant has otherwise authorized the Administrator or another entity related to the Contest to contact him or her, the personal information gathered about entrants in connection with this Contest will be used solely for the administration of the Contest and is subject to VMC’s privacy policies (available at www.virginmobile.ca/privacy), and no communication unrelated to the Contest, commercial or otherwise, will be sent to the entrant by the Administrator.
8.14 Identity of the Entrant: For the purposes of these Contest Rules, the entrant is the person whose name appears on the VMC account, in the case of automatic entries or, in the case of emailed entries, the person whose name is submitted as the entrant. It is to this individual that the prize will be awarded if selected and declared as the winner.
8.15 Facebook: Each entrant in this Contest releases Facebook from any and all liability in respect of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Any questions, comments or complaints regarding the Contest must be directed to the Administrator and not to Facebook.
8.16 Apple: Each entrant in this Contest releases Apple from any and all liability in respect of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Apple. Any information entrant provides in connection with the Contest is being provided to Administrator and not to Apple.