Dairy Farmers of Canada Contest Rules
This Contest is held by Dairy Farmers of Canada and Sobeys Group Inc. (“Sobeys”). The Dairy Farmers of Canada and Sobeys shall be referred to as the “Contest Organizers”. The Contest runs in participating Sobeys store locations (“the “Participating Stores”) in the provinces of Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador from August 16 to September 12, 2010, closing at Participating Stores’ closing time or at midnight, Atlantic Standard Time, at the latest (the “Contest Period”).
ELIGIBILITY
Enrollment in the AIR MILES® Reward Program is required to participate in the Contest. If a prospective entrant is not an AIR MILES® collector, he/she may enroll in the AIR MILES® Reward
Program by enrolling online at www.airmiles.ca or by calling the AIR MILES® Service Centre at 1-888-AIR-MILES. By enrolling to become an AIR MILES® collector, you agree to be bound by the
terms and conditions of the AIR MILES® Reward Program as amended from time to time.
The Contest is open to AIR MILES® collectors who are legal residents of the provinces of Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador who have reached the age of majority as of the Contest start date of August 16, 2010 in the province in which they reside. Employees, agents and representatives of the Contest Organizers, their members, LoyaltyOne, Inc., any company, corporation, trust or other legal entity controlled by or affiliated to them, Participating Stores, their advertising and promotional agencies, suppliers of prizes, material and services related to this Contest, as well as members of their immediate family (brothers, sisters, children, father, mother), their legal or common-law spouse and any individuals with whom such employees, agents and representatives are domiciled, are not eligible to participate in the Contest.
HOW TO ENTER
You will receive one opportunity to enter the Contest every time you visit a Participating Store located in Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador and comply with the entry requirements of these Contest rules.
During the Contest Period, visit any Participating Store in Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland and Labrador and use your AIR MILES® Collector card when purchasing any participating Canadian cheese bearing the 100% Canadian Milk symbol (the “Participating Product”), subject to availability. Upon your purchase, the cashier will scan your AIR MILES® Collector card and you will automatically obtain one (1) entry in the Contest. You may increase your odds of winning when entering the Contest by obtaining one (1) additional entry for each purchase of a Participating Product.
No purchase necessary. If you do not wish to purchase a Participating Product during the Contest
Period at a Participating Store, you may enter the Contest by way of electronic ballot at the checkout in a Participating Sobeys Store upon presentation of your AIR MILES® Collector card. The cashier will key the UPC 6192586433 once. This will trigger one Contest entry for you. No purchase is required to submit an electronic ballot entry. There is a limit of four (4) no purchase entries per person during the Contest Period.
PRIZE
One (1) grand prize is offered consisting of a family trip for two (2) adults and two (2) children under the age of majority to the Okanagan Valley in British Columbia (the “Prize”). The aproximate retail value of the Prize is $7,000. The Prize includes:
Economy round-trip airfare for four (4) persons from an International airport near the winner’s residence to the Kelowna, British Columbia International airport;
Quadruple occupancy accommodation for five (5) nights in a condo-style standard room at a 31/2 star hotel located in the Okanagan Valley;
$350 in spending money;
A five (5) day car rental;
A personalized cheese processor dairy visit valued at approximately $150.
The following conditions apply to the trip:
All fees or expenses other than those expressly mentioned above are at the winner’s and/or his/her guests’ charge, including but without being limited to, transportation between the residence and airport of departure, activities, meals, beverages (alcoholic or not), gratuities and taxes not included, personal insurances, Internet access fees, mini-bar fees, room service, local and long distance phone calls, security deposit at the hotel, if required, expenses of a personal nature and travel documents, as the case may be;
The choice and location of the hotel are at the sole discretion of the Contest Organizers;
Subject to what is set forth in these Contest Rules and subject to availability, the trip must be taken within one (1) year following the draw, otherwise it will be void, except during the following periods: Christmas and New Year’s Eve holidays, Easter and any other period which may be communicated to the winner;
All arrangements regarding the trip must be made by the winner at least thirty (30) days in advance with the travel agency designated by the Contest Organizers. The winner must provide the travel agency with the name appearing on his/her passport or other travel document, as well as the name and contact information of the guests accompanying him/her. No modification will be accepted once the arrangements are duly completed;
The winner and his/her guests must travel together;
If a portion of the trip is not used, no compensation will be awarded to the winner or to his/her guests;
The winner’s guests, and his/her parent or legal guardian in the case of a guest who is a minor, must sign the Declaration and Release Form (the “Declaration Form”) provided in compliance with sections 12.1 and 12.2 of these Contest Rules to take part in the trip;
In the event that, in the Contest Organizers’ opinion, the distance between the location of the residence of the winner and of his/her guests does not justify airfare transportation, the Contest Organizers reserve the right to choose a different mean of transportation, at their sole discretion, to and from the destination;
The approximate value of the trip is based on an average value of the airfare and accommodation for two (2) adults and two (2) children under the age of majority, which may vary depending on the date and location of departure. No compensation will be paid nor can any be claimed to this effect if the Prize value is lower.
Without limitation, the following conditions apply to the car rental:
Winner must be eligible to rent and insure a car in accordance with the car rental agency’s rules and regulations;
The winner agrees to sign a rental contract (without fees) and agrees to comply with every condition therein and failing which the winner will forfeit the car rental and such car rental will be cancelled;
The choice of the vehicle offered is at the sole discretion of the car rental agency and is subject to availability;
The winner must take possession of the vehicle and return it at the car rental agency designated during business hours;
The winner or his/her guest, if such guest will operate the vehicle, must have a valid driver’s licence, be the minimum age required to rent a vehicle and provide any other document required by the car rental agency at the time the winner takes possession of the car.
The car rental includes unlimited kilometers usage for the rental period. Any fees or costs other than those expressly enumerated above are at the winner or his/her guests’ charge, including, without limitation, gasoline, maintenance fees, insurance and taxes not included and fees related to any infraction;
The winner agrees to reimburse any and all damages to the vehicle not covered by the insurance and that would arise from his/her own fault or from any other person who has used the vehicle during the rental period.
DRAW
A random draw of one (1) eligible entry will be held from all entries registered during the Contest Period at Sobeys Head Office in Stellarton, Nova Scotia, on or about September 15, 2010 (the “Contest Draw Date”). You do not have to be in attendance to be selected.
Odds of winning. The odds of an entrant’s entry being selected depend on the number of eligible entries registered during the Contest Period.
AWARDING OF PRIZE
To be declared a winner, the selected entrant must:
Be reached within business (5) days of the draw by telephone at the telephone number recorded in respect of his/her AIR MILES® collector number . It is the sole responsibility of the AIR MILES® collector to make sure his/her registered contact information with AIR MILES® is accurate and up to date. An invalid phone number may result in disqualification and selection of an alternate entrant, at the sole discretion of the Contest Organizers.
Have correctly answered the mathematical skill-testing question on the Declaration Form that the Contest Organizers will provide him/her by mail, fax or e-mail;
Fill out and sign the Declaration Form, including a statement confirming acceptance of and compliance with the Contest Rules, acceptance of the Prize awarded and a release in a form satisfactory to the Contest Organizers and return it to the Contest Organizers within fifteen (15) days of its receipt;
Upon request and in a timely manner, produce a piece of government issued photo identification.
If the selected entrant cannot be reached within three (3) days of the first attempted contact, or does not successfully answer the skill testing question or otherwise fails to comply with the Contest Rules the selected entrant’s entry will become null and void and another entry will be randomly selected, electronically, from among the remaining eligible entries.
This process of selecting a Prize winner will be repeated until the Prize eligible to be won has been awarded.
Within two (2) to four (4) weeks following the receipt of the duly completed and signed the Declaration Form, the Contest Organizers will contact the winner of the Prize to provide him/her with information on how he/she may take possession of the Prize.
GENERAL CONDITIONS
Verification. Entries, no purchase requests and the Declaration Form are subject to verification by the Contest Organizers. Any entry, no purchase request or Declaration Form which is, as the case may be, incomplete, illegible, manually or mechanically reproduced, mutilated, fraudulent, obtained from an unauthorized source, received or submitted late, bearing an invalid phone number, not bearing the correct answer to the mathematical skill-testing question or otherwise noncompliant shall be rejected and will not entitle to an entry or to the prize, as the case may be.
Disqualification. The Contest Organizers reserve the right to disqualify a person or to cancel one or several entries of a person who participates or tries to participate in this Contest by using methods that do not comply with these Contest Rules or that are unfair to other entrants (e.g. no purchase entries exceeding the authorized limit). Such a person may be reported to the appropriate legal authorities.
Conduct of the Contest. Any attempt to sabotage the legitimate conduct of this Contest constitutes a violation of civil and criminal laws. Should there be any such attempts, the Contest Organizers reserve the right to reject the entrant’s entries and obtain legal or equitable relief under applicable laws.
Acceptance of Prize. Prize must be accepted as described in these Contest Rules and may not, in any case, be in whole or in part transferred to another person, replaced or substituted by another prize or exchanged for cash, except as provided in the section below.
Substitution of Prize. In the event where it would be impossible, difficult and/or more costly for the Contest Organizers to award the Prize (or a portion thereof) as described in these Contest Rules, they reserve the right to award a prize (or portion thereof) of the same kind and of equivalent value or, at their sole discretion, the cash value of the prize (or portion thereof) as indicated in the Contest Rules.
Liability limit: use of the Prize. Participation in the Contest constitutes the entrant's full and unconditional agreement to and acceptance of these Contest Rules which are final and binding with respect to all matters relating to the Contest. By participating in the Contest, and as a condition of acceptance of any Prize, each entrant, his/her heirs, executors, administrators, and assigns, RELEASES AND FOREVER DISCHARGES AND HOLDS HARMLESS Sobeys Group Inc., Sobeys Inc., the Participating Stores, LoyaltyOne inc., Dairy Farmers of Canada and its members, their parent companies, direct and indirect affiliates, subsidiaries agents, advisors, representatives, advertising, promotion and fulfillment agencies and each of their employees, officers, directors, shareholders, partners and agents (collectively, the “Released Parties”), from and against any and all losses, damages, rights, claims, actions, causes of action, personal injury, property damage or death (including without limitation all costs and liabilities of any kind (including solicitor fees), AND INCLUDING WITHOUT LIMITATION ANY SUCH ARISING FROM ANY ACT OF NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASED PARTIES, that the entrant now has, or may hereafter have against the Released Parties directly or indirectly resulting or arising from: (i) participation in the Contest, or the awarding, acceptance, use, or misuse or enjoyment of any prize, or traveling to, preparing for, or participating in any Contest-related or prize-related activity; or (ii) the publicity rights granted to the Contest Organizers and their representatives as referred to herein. It is understood that there may be serious risks of bodily injury, death, or property damage associated with the use or misuse of the Prize and any Prize winner voluntarily assumes these risks. Any claim or dispute with respect to the Contest, the Prize, or this Agreement shall be governed by the laws of the Province of Nova Scotia and any proceedings in relation to any such claim or dispute shall be resolved exclusively by the Nova Scotia courts.
Liability limit: Prize supplier. Any entrant selected for the prize acknowledges that upon receipt of a letter of confirmation of the Prize, the obligations related to it become the responsibility of the different providers of goods and services related to it. The Prize shall be accepted ‘’AS IS’’. It is understood that the Contest organizers have not made any warranty, representation or guarantee, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose regarding any prize or any substitute prize.
Prize warranty. Any entrant selected for a prize acknowledges the only warranty applicable to the prize or to the products and services obtained with a gift card or a gift certificate, as the case may be, is the standard warranty of the manufacturer or suppliers of services. The Prize shall be accepted « AS IS ». It is understood that the Contest Organizers have not made any warranty, representation or guarantee, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose regarding any prize or any substitute prize.
Liability limit: conduct of the Contest. The Released Parties disclaim all liability for any of the following that may limit or prevent any entrant from entering the Contest: malfunctioning of any computer component, software or communications line; loss or lack of a communications network; or any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network. The Released Parties also disclaim all liability for any damages or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any web page or software or by the transmission of any information related to participation in the Contest.
Contest modification. The Contest Organizers reserve the right, at their sole discretion, to cancel, terminate, modify or suspend this Contest in whole or in part, should human intervention or an event take place that could alter or affect the administration, security, impartiality or conduct of the Contest as provided in these Contest Rules.
Termination of participation in the Contest. In the event that the computer system cannot register all Contest entries during the Contest Period for whatever reason, or if participation in the Contest must be terminated in whole or in part before the closing date provided in these Contest Rules, the Contest Organizers may, at their sole discretion, proceed with the draw among the entries duly registered during the Contest Period or, as the case may be, up to the date of the event ending participation in the Contest.
Prize limit. In no event shall the Contest Organizers be required to award more prizes than indicated in these Contest Rules or to award the prize otherwise than in compliance with these Contest Rules.
Liability limit: participation in the Contest. Persons who enter or try to enter this Contest release the Released Parties from any liability for damage these said persons may incur as a result of their entry or their attempt to enter the Contest.
Authorization. By entering this Contest, any entrant selected for the prize authorizes the Contest Organizers and their representatives to use, if required, his/her name, photo, likeness, voice, place of residence and/or statement regarding the prize for promotional or publicity purposes carried out by or for the Contest Organizers, without any form of compensation and the Prize winner grants to the Contest Organizers any and all rights to said use without compensation or further notice.
The Prize will be awarded within one of the following Provinces : Newfoundland and Labrador, New Brunswick, Nova Scotia or Prince Edward Island.
Communication with entrants. No communication or correspondence related to this Contest shall be exchanged with entrants except as provided for in these Contest Rules or at the Contest Organizers’ initiative.
Personal information. Personal information collected from entrants may be used by Contest Organizers for the purpose of administering the Contest. Contest Organizers will not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by Contest Organizers pursuant to the administration of the Contest or as otherwise permitted or required by law. By entering the Contest, entrants consent to the manner of collection, use and disclosure of personal information in accordance with administering the Contest.
Property. Entries become the property of Sobeys and will not be returned to then entrant. Entries generated by script, macro, robotic, programming or any other automated means are prohibited and will be disqualified. Contest Organizers shall not be responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible, delayed or incomplete entries nor for any typographical or printing errors on material distributed in respect of the Contest including without limitation advertisements, announcements, these Contest Rules or otherwise.
Entrant identification. For the purpose of these Contest Rules, the entrant is the registered primary AIR MILES® collector account holder and it is to this person to whom the Prize will be awarded if he/she is selected and declared a winner. In the case of a no purchase request as provided at section 6, the entrant is the person identified in the letter received by the Contest Organizers.
Contest Organizers’ decision. By entering the Contest, you agree to abide by the entire Contest Rules and the terms and conditions under which the Prize is awarded. Any decision by the Contest Organizers or their representatives regarding this Contest is final and without appeal.
Unenforceability. If a section of the Contest Rules is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.
The Contest is subject to all applicable federal, provincial and municipal laws.
Loyalty Management Group Canada Inc. is in no way connected to the management of this contest.
® Trademarks of AIR MILES International Trading B.V. used under license by Loyalty Management Group Canada Inc. and Sobeys Capital Inc.
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