2012 CANADA DRY*
REAL MOMENTS CONTEST
CONTEST RULES & REGULATIONS
Internet access, PIN and valid email account
necessary in order to participate
1. CONTEST PERIOD
The Canada Dry* REAL MOMENTS CONTEST (the "Contest" or "contest") commences May 1, 2012 at 12:00 pm ET and ends September 30, 2012 at 11:59:59 am ET (the "Contest Period"). This contest is brought to you by Canada Dry Mott's Inc. (the "Contest Sponsor").
NO PURCHASE NECESSARY. The contest is open to legal residents of Canada who are age of majority or older in their respective Province or Territory of residence.
Notwithstanding the above, this contest is not open to employees, officers and directors of the Contest Sponsor and their respective divisions, subsidiaries and affiliates, their bottlers, advertising and promotional agencies, contest suppliers, prize suppliers, redemption/recycling centres and judges, members of their immediate families (parents, siblings, spouses) and those with whom they are domiciled.
3. HOW TO ENTER
(a) TO ENTER WITH PURCHASE: During the Contest Period, obtain your unique Personal Identification Number ("PIN"), while supplies last, imprinted under the cap of specially-marked bottles and inside specially-marked cartons of the following products (the "Participating Product(s)"):
- 591 ml, 1 Litre, 2 Litre, and 12 x 355 ml Canada Dry Ginger Ale
- 2 Litre and 12 x 355 ml Canada Dry Diet Ginger Ale
- 12 x 355 ml Canada Dry Tonic Water
- 2 Litre and 12 x 355 ml Canada Dry Club Soda
- 591 ml, 2 Litre and 12 x 355 ml C'plus* Orange Burst*
- 591 ml and 10 x 355 ml Canada Dry Green Tea Ginger Ale
- 591 ml and 10 x 355 ml Canada Dry White Tea Ginger Ale with Raspberry Flavour
Not all Participating Products are available in all regions.
(b) NO PURCHASE ENTRY: To obtain a PIN without making a purchase, write your name, age, full mailing address and email address on a piece of paper (not exceeding 8.5" by 11") and mail it to: CANADA DRY REAL MOMENTS CONTEST – PIN REQUEST, c/o TraffikGroup, 559 College Street, Suite 301, Toronto, Ontario, M6G 1A9. You will receive by email (the "PIN reply email") one (1) unique product PIN for contest entry, while supplies last. Each no purchase PIN request must be mailed in a separate envelope and must be received on or before September 23, 2012.
Entrants can enter the contest via www.canadadry.ca or entrants can find the Real Moments application and enter the contest through the Canada Dry Canada Facebook page (the "Application"). Entrants can also find the Application on the "Real Moments" tab on the Canada Dry Canada page on Facebook. To enter, complete the entry form in full following all online instructions and enter one (1) valid PIN from the cap/carton of Participating Product (or received by email (see above).
If entering through the Application, entrants will be required to "Like" the Canada Dry Canada page prior to installing the contest Application.
Each time a participant enters the contest website or the Application and submits a unique PIN, he/she is automatically entered into all prize (Grand, Secondary, Weekly and Daily) draws.
BONUS ENTRY: Upon the submission of a unique and valid PIN, entrants may receive one (1) bonus entry into all prize (Grand, Secondary, Weekly and Daily) draws when he/she submits a "real moment" written in English or French (the "Real Moment Submission"), according to the following guidelines.
Real Moment Submission cannot:
- be obscene or offensive, or endorse any form of hate or hate group;
- defame, misrepresent or contain disparaging remarks about any person or entity, including but not limited to the Contest Sponsor or its affiliates, as determined in the sole discretion of the Contest Sponsor;
- contain any material that may, in the sole discretion of the Contest Sponsor, infringe on the intellectual property rights of any third party, including but not limited to, copyrights or trademarks owned by others. You must use your own original material in the creation of your Real Moment Submission;
- contain, advertise or promote any third party brand or product of any kind or contain any personal identification;
- contain material that is unlawful, in violation of or contrary to laws; or
- contain obscene material, contain defamatory or libelous statements, invade privacy rights, exploit individuals or in any other way violate applicable laws and regulations.
Contest Sponsor reserves the right to disqualify any Real Moment Submission for any reason, in its sole and absolute discretion, including the determination in its sole discretion that the Real Moment Submission fails to satisfy any of the above guidelines, or is inconsistent with the goals, image, or policies of the Contest Sponsor. Contest Sponsor further reserves the right, in its sole and absolute discretion, to edit (or to require the entrant to edit and resubmit) any Real Moment Submission that contains material that violates these Contest Rules.
Real Moment Submissions will be posted on www.canadadry.ca and the Canada Dry Canada Facebook page.
By entering this contest, participants agree to be bound by these Contest rules and the decisions of the Contest Sponsor and contest judges.
REPEAT ENTRANTS who enter the contest via www.canadadry.ca may bypass the contest registration process by using their email address and their password and then follow all online instructions.
You may enter the Contest as often as you like, as long as each entry is made with a new and unique PIN legitimately obtained in accordance with these Contest rules. Potential winners may be required to submit their original product cap, carton and/or original PIN reply email (for no purchase entry) with PIN matching their winning contest entry in order to be awarded a prize. Each unique PIN can only be entered once during the Contest Period.
Entrants may use only one social media account or e-mail address to enter. Entries made using multiple social media accounts, email addresses generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
GRAND PRIZE: There is one (1) grand prize (the "Grand Prize") available to be won consisting of $25,000.00 CDN.
SECONDARY PRIZES: There are five (5) Kitchen Refresh secondary prize packages (the "Secondary Prize(s)") available to be won each consisting of:
One (1) Electrolux Wave-Touch stainless steel free standing electric range;
One (1) Electrolux Wave-Touch stainless steel refrigerator;
One (1) Electrolux Wave-Touch stainless steel dishwasher; and
One (1) Electrolux IQ-Touch over the range microwave.
Approximate retail value of each Secondary Prize is $9,446.00 CDN.
Odds of being selected a potential Grand or Secondary Prize winner depend on the total number of eligible entries received during the Contest Period.
WEEKLY PRIZES: There are a total of 44 weekly prizes (2 per week) (the "Weekly Prize(s)") available to be won during the Contest Period, each consisting of a SONY Cyber-Shot® digital camera with an approximate retail value of $149.99 CDN.
Two (2) Weekly Prizes will be awarded in respect of each week during the Contest ("Contest Week"). There are twenty-two (22) Contest Weeks during the Contest.
DAILY PRIZES: There are a total of 153 daily prizes (the "Daily Prize(s)") available to be won during the Contest Period, each consisting of a SONY Cyber-Shot® digital camera with an approximate retail value of $149.99 CDN.
Odds of being a selected winner of a Daily Prize or Weekly Prize depend on the number of eligible entries received per Daily/Weekly Draw Period (defined below).
Limit of one (1) Daily and Weekly Prize per household address during the Contest Period. Should an entrant win a Daily or Weekly Prize, all subsequent PINs submitted by that entrant will be eligible for the Grand and Secondary Prize draws only.
Prizes must be accepted as awarded and may not be transferred, exchanged or refunded. The Contest Sponsor reserves the right, in its sole discretion, to substitute a prize or portion thereof with one of at least equal value, in the event of the unavailability, for whatever reason, of the advertised prize(s) or any portion thereof (including without limitation at the sole and absolute discretion of the Contest Sponsor, a cash award).
Shipped prizes shall not be insured and the Contest Sponsor shall not assume any liability for lost, damaged or misdirected prizes. Any assembly required for a Prize will be the winner's sole responsibility and expense.
5. METHOD OF AWARDING PRIZES
DAILY PRIZES:Beginning on May 2, 2012 at approximately 11:00 am ET, a daily computerized random draw to award the Daily Prize(s) will be conducted in Toronto, Ontario from among all eligible entries received between 12:00:01 am ET and 11:59:59 pm ET on the previous day (the "Daily Draw Period"). Notwithstanding this, the Daily Draw Period for May 1, 2012 will be 12:00 pm ET to 11:59:59 pm ET and 12:00:01 am ET to 11:59:59 am ET on September 30, 2012. Daily draws will be conducted for each day of the contest, with the last daily draw occurring on October 1, 2012. Three (3) daily draws will be conducted on Mondays during the Contest Period, representing a draw for entries received on each of Friday, Saturday and Sunday. If for any reason whatsoever, no entries are received during a Daily Draw Period, the corresponding Daily Prize will not be awarded.
WEEKLY PRIZES: Beginning on May 7, 2012 at approximately 11:00 am ET, a computerized random draw to award the Weekly Prizes will be conducted in Toronto, Ontario from among all eligible entries received between 12:00 pm ET on a Monday and 11:59:59 am ET on the immediately following Sunday, except for the first week of the Contest (when the start date will be Tuesday, May 1) (the "Weekly Draw Period"). Two (2) Weekly Prizes will be awarded per Weekly Draw Period.
A representative of the Contest Sponsor will contact each potential winner of a Daily or Weekly Prize by email and/or telephone within five (5) business days of the respective draw. If the potential winner of a Daily or Weekly Prize cannot be contacted within such five (5) business day period, incorrectly answers the skill-testing question or fails to return the required Declaration and Release Form by the Prize Claim Date, he/she will forfeit the Daily or Weekly Prize. Unclaimed Daily or Weekly Prizes will not be awarded.
GRAND PRIZE DRAW: On October 8, 2012 at approximately 2:00 pm ET in Toronto, Ontario, a Grand Prize draw will be held and one (1) potential winner will be randomly selected from eligible entries received during the Contest Period.
SECONDARY PRIZE DRAWS: On October 8, 2012, immediately after the Grand Prize draw, the Secondary Prize draws will be held and five (5) potential winners will be randomly selected from eligible entries received during the Contest Period.
Selected Grand and Secondary Prize entrants will be contacted by telephone and/or email with further information on how to be confirmed as a winner and claim the Prize won. If a selected entrant cannot be reached, for whatever reason, by October 14, 2012 another entrant may be randomly selected (from eligible entries received) at the sole and absolute discretion of the Contest Sponsor.
Before being declared a winner of any Prize, the potential winner must correctly answer, unaided, a mathematical skill-testing question to be administered by telephone at a pre-arranged mutually convenient time and complete, sign and return a Declaration and Release Form by the date indicated on the form (the "Prize Claim Date").
Prizes must be claimed by the Prize Claim Date. If a selected entrant cannot be reached/located, fails to reply within five (5) days following contact by the Contest Sponsor's representative, is not in compliance with these contest rules, incorrectly answers the skill-testing question, declines the Prize won, fails to return the Declaration and Release form (and any other documents, as applicable) by the Prize Claim Date, or if email correspondence between the Contest Sponsor and selected entrant is returned as undeliverable without a forwarding address, the Prize may be forfeited by that selected entrant and the Contest Sponsor (for Grand and Secondary Prizes only) reserves the right to randomly select another entrant from the remaining eligible entries.
All Prizes will be awarded, subject to these contest rules, upon receipt of the properly completed and executed Declaration and Release form and verification of Prize winner.
The approximate retail values of prizes as stated by the Contest Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these rules are subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail values are stated by the Contest Sponsor and the date the prizes are awarded or redeemed. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the approximate retail value stated by the Contest Sponsor in point of sale, television and print advertising, promotion materials, and/or in these rules, the prize winner will not be entitled to a cheque or cash for the price difference.
7. GRANT OF RIGHTS TO CONTEST SPONSOR: By entering a Real Moment Submission into the contest, the applicable entrant represents and warrants to the Contest Sponsor that same is wholly original to the entrant and that he/she owns all right, title and interest in and to the Real Moment Submission. Without further compensation, the entrant agrees that:
- the entrant on behalf of him/herself, his/her heirs, executors, administrators and assigns, grants to the Contest Sponsor an exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use the Real Moment Submission (and the entrant's entry) and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised and, without limiting the foregoing, but for greater certainty, expressly grants to the Contest Sponsor the license and right to post, publish and/or otherwise display the Real Moment Submission on or via the Application or any other website. All decisions regarding such use shall be at Contest Sponsor's sole discretion. All Real Moment Submissions become the property of Contest Sponsor, and its successors, assigns and licensees. Contest Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Entrant forever waives and relinquishes on behalf of themselves, their heirs, executors, administrators and assigns any and all rights, including but not limited to goodwill, in and to the Real Moment Submission;
- he/she shall have no right of approval or consultation with respect to Contest Sponsor's use of the Real Moment Submission. Contest Sponsor will not be responsible for the return or preservation of the Real Moment Submission. Contest Sponsor shall use its sole discretion in determining the extent and manner of the use of the Real Moment Submission;
- the Contest Sponsor shall have the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the entrant's name, address, image, likeness, statements, biographical material and entry, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising out of his/her participation in this Contest (with or without using the entrant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party; and
- the entrant further represents that he/she has not granted or transferred any rights in or to the Real Moment Submission to any third party prior to the date of entry into the Contest and has not done anything and will not do anything to impair the rights granted to the Contest Sponsor in any way.
8. The decisions of the Contest Sponsor and/or the judges are final and binding, without right of appeal, with respect to all aspects of this contest (including without limitation eligibility and/or disqualification of entries) and entrant agrees to abide by the contest rules and all of the instructions and decisions of the Contest Sponsor and/or judges. In the event of any dispute regarding the interpretation of these contest rules, the decision or interpretation of the Contest Sponsor and/or judges shall prevail.
9. No communications will be entered into except with selected entrants. As prize winners are verified and confirmed, prize winners' names will be posted at www.canadadry.ca.
10. All entries become the property of the Contest Sponsor. Any entry that is late, incomplete, altered, or contains false information, is invalid. Contest Sponsor is not responsible for lost, stolen, delayed, damaged or misdirected claims or entries or for any problems or technical malfunction of any internet or telephone network or broadcast transmission during the Contest Period. The Contest Sponsor is not responsible for any errors or omissions with respect to the printing or advertising of this contest and reserves the right to withdraw, amend or cancel this contest in the event of a printing or administrative error.
In the event, due to a printing, manufacturing, mechanical or other error, more prizes are claimed than are intended to be awarded according to these Official Rules, prizes will stop being awarded when the Contest Sponsor becomes aware of an error respecting the number of prizes and the Contest Sponsor reserves the right, in its sole and absolute discretion, to conduct a random draw from amongst all eligible and approved prize claimants whose claims have not yet been redeemed to award the remaining number of advertised prizes. In no event will the Contest Sponsor or Contest Entities be liable for more than the stated number of prizes contained in these official contest rules.
11. The Contest Sponsor accepts no responsibility for loss, damage or claims caused by the awarded prizes or the contest itself. By entering, entrant releases and holds harmless Contest Sponsor, the prize suppliers, their affiliated and related companies and advertising, promotional agencies, Shaw Media Inc., ET Canada, Astral Media, Musimax, Facebook and all of their respective directors, officers, shareholders, employees, agents, successors, and assigns (collectively, the "Contest Entities") from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the contest or any prize won.
12. Without limiting the release of liability provisions herein, and for greater certainty, the Contest Entities will not be liable for: a) any incorrect or inaccurate information, whether caused by contest website users or by any equipment or programming associated with or utilized in the contest or by any technical or human error which may occur in the processing of entries in the contest; b) any error, omission, interruption, deletion, defect or delay in operation of the contest website or any transmission in connection with the contest; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to entrants' or to any other person's computer related to or resulting from participating or downloading materials in this contest. If the contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause of any nature whatsoever beyond the reasonable control of the Contest Entities which corrupt or affect the administration, security or proper conduct of this contest, the Contest Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the contest, in whole or in part, or modify it in any way, subject to the approval of the Régie des alcools, des courses et des jeux in respect of residents of Quebec (where applicable).
13. In the event of a dispute as to who submitted an email entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Selected entrant may be required to provide the Contest Sponsor with proof that he/she is the authorized account holder of the email address associated with the selected entry.
14. The Contest Sponsor reserves the right at its sole discretion to disqualify any individual from the contest, and to ban that individual from any future promotion of the Contest Sponsor, if the Contest Sponsor finds or believes such individual to be tampering with the entry process or the operation of the contest or where applicable, the contest website; to be acting in violation of the contest rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Contest Sponsor, the Contest Sponsor's agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. By entering this contest, you consent to the Contest Sponsor's use, should you become a winner, of your name, place of residence and photograph or other likeness, without further compensation or notice, for publicity, advertising (including via canadadry.ca) or informational purposes in any media or format (including the Internet) in connection with this contest or future similar contests.
17. Except as provided in Rule 19, this contest is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
18. The invalidity or unenforceability of any provision of these contest rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these contest rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
19. For residents of Quebec, 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 Régie only for the purpose of helping the parties reach a settlement. Any applicable decision to be made by the Contest Sponsor affecting the conduct of this contest is subject to a ruling of the Régie des alcools, des courses et des jeux.
*Trademark of Canada Dry Mott's Inc. All other trademarks are the property of their respective owners.