Excel Back To School 2023 (the “Contest”)
Official Rules (the “Rules”)
NO PURCHASE NECESSARY. Must be age of majority in their province/territory of residence and a resident of Canada to participate. During the Contest Period, consumers can visit https://excelcontest.ca or scan a QR code in-store to access the Contest Website and complete a form to submit one entry, as provided below
- This Contest is sponsored by Mars Canada Inc. (the “Contest Sponsor”) and the Contest is being administered on behalf of the Contest Sponsor by MARS-Philter, Inc., d/b/a the Mars Agency, and Elite Digital Inc. (the “Administrators”).SPONSOR/ADMINISTRATOR:
ELIGIBILITY: The Contest is open to residents of Canada who are age of majority in their province or territory of residence at the time of entry, who are not an employee, contractor, agent or representative of the Contest Sponsor or Contest Administrators, or their affiliates, agencies, distribution companies, prize suppliers, the Contest judge or (collectively the “Contest Parties”), or a member of the immediate family (parent, spouse, sibling, child) of, or domiciled with any of the foregoing persons.
To be eligible, participants must have online access with a valid email address as of the date of their entry. Each person can only submit the contest form once per calendar day through any entry method. A “day” is defined as a twenty-four (24) hour time period between 12:00 am ET and 11:59:59 pm ET of the same day, except for the first day of the Contest, August 1st, 2023, which shall begin at 12:00 pm ET and end at 11:59:59 p.m. ET of the same day. If the identity of an participant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the participant. The individual assigned to the email address by an online service provider, Internet access provider or other organization responsible for assigning the email address for the domain associated with the submitted email address is considered the authorized account holder. A participant may be required to provide the Contest Sponsor or the Administrators with proof that they are the authorized account holder of the email address associated with the winning entry.
If you participate via a mobile device, you may incur standard data charges from your wireless service provider. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such data charges. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
CONTEST PERIOD: Contest starts on August 1st, 2023 at 12:00 pm (noon) Eastern Time (“ET”), and Contest closes October 15th, at 11:59:59 pm ET (the “Contest Period”). No entries will be accepted outside of the Contest Period and all entries must be recorded during the contest Period.
HOW TO ENTER: You can enter by completing and submitting a Contest entry form, which can be found either at https://excelcontest.ca (the “Website”or by scanning a QR code. Complete and submit the Contest entry form in full online to receive 1 (one) entry into the Contest (“Base Entry”During the entry process, you will have the option to upload a receipt to receive twenty-five (25) additional entries. See “Bonus Entries” for more details.
Bonus Entries: While completing the Contest entry form you can optionally upload a receipt for proof of a Qualifying Purchase (defined below) to receive twenty-five (25) additional bonus entries (“Bonus Entries”) into the Contest. In order to receive the Bonus Entries, you must show proof of purchase by uploading to the Website, a photo of the complete receipt(s) showing the date, time and purchase of at least one (1) participating product, including any size or variety of Excel®/MD, Juicy Fruit®/MD, 5 Gum®/MD, Hubba Bubba®/MD or Double Mint®/MD product(s), including all pack sizes (a “Qualifying Purchase”), the purchase of which was made and submitted on the Website during the Contest Period from any participating Canadian retailer. A participant with at least one (1) confirmed Qualifying Purchase will receive an additional twenty-five (25) Bonus Entries into the Contest. Each receipt may only be used one time. A Qualifying Purchase is not required to receive the 25 Bonus Entries. See “No Purchase Necessary” section, below. If the receipt is found to be invalid for any reason, the Bonus Entries will not be awarded.
- NO PURCHASE ENTRY: To enter without purchase, participant must first complete the No Purchase Entry form ("No Purchase Entry Form") found at https://excelcontest.ca/npn-entry to request a No-Purchase-Entry Personal Identification Number ("NPE PIN"). Once the No Purchase Entry Form has been submitted, an NPE PIN will be displayed on-screen and delivered by email, along with instructions for completing your entry. Participant must then submit their contact information, including: first and last name, email address and confirm they are age of majority in their province or territory of residence (their “Contact”) and reference their NPE PIN on a single piece of paper (handwritten, not photocopied or computer generated), in an envelope bearing sufficient postage to the address below (the “Contest Address”):
- Excel Back To School Contest
- ℅ Elite Digital
- 5511 Steeles Ave. West, Suite 200
- Toronto, Ontario, M9L 1S7
HOW TO WIN A PRIZE: A prize drawing will be conducted at 2:00 pm ET at 5511 Steeles Avenue West, Toronto, ON, on October 17th. The draw will include all eligible entries received during the Contest Period. There will be a total of one (1) Prize Draw during the Contest Period. Fifty (50) participants will be drawn during the Prize Draw. Odds of winning depend on the total number of eligible entries received during the Contest Period. The participant selected as eligible to win a Prize will be notified by email (“Prize Claim Notification”) within three (3) business days following the draw.
Please see the additional prize conditions in Rule 8 for conditions applicable to all prizes.
No responsibility is assumed by the Contest Parties for any inability of a potential participant to successfully enter the Contest for any reason or for any Prize that may remain unclaimed or unawarded. The Contest Sponsors are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete online entries or No Purchase requests. Proof of transmission (e.g., screenshots) does not constitute proof of receipt.
See “How To Claim a Prize” for further information.
PRIZES: There are fifty (50) Prizes (each a “Prize”) available to be won during the Contest. The details of the Prizes are outlined below. The number of Prizes available to be won will diminish as they are claimed throughout the Contest Period. Once the total number of prizes have been distributed, no further prizes will be available. Prizes must be accepted as awarded. Prizes are non-transferable. No substitutions, except by the Contest Sponsor, who reserves the right to substitute a prize with a prize of equal or greater value. Awarding of a prize is subject to verification and compliance with the Rules. Participants who have not complied with the Rules will be disqualified. The Contest Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. The Contest Sponsor and Contest Administrators are not responsible for any Prize once it has been sent. The replacement of a missing prize is at the sole and absolute discretion of the Contest Sponsor. Any unclaimed prize will not be awarded. Prize may be forfeited if verification cannot be affected following reasonable efforts by Contest Sponsor. Limit of one (1) prize per person and/or mailing address during the Contest Period.
Each Prize includes:
- Herschel Supply Company Backpack | $80
- Water Bottle | $40
- Headphones | $150
- Excel Gum Pack of 4 | $5
HOW TO CLAIM A PRIZE:
If you are notified by email that you are eligible to win a Prize, within three (3) business days from the Prize Claim Notification at the email provided, regardless of when it is received:
- the potential winner must claim his/her Prize as instructed in the Prize Claim Notification;
- the potential winner will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, which will be administered on a PDF document;
- the potential winner must accept, sign and return the terms of a Declaration of Compliance and Release, which confirms compliance with these Rules and releases the Contest Sponsor and Administrator from all liability with respect to the participant’s participation in this Contest and the awarding, use and misuse of any Prize; and
- the potential winner must supply his/her complete mailing address
- the potential winner may be asked to supply valid photo identification
Once these steps have been completed, the Contest Sponsors’ designated agent will confirm the potential winner as a winner with a confirmation email message. Prizes will only be delivered to winners who have been verified and have complied with these Rules.
If a potential winner of a Prize does not respond to the Prize Claim Notification within three (3) business days and complete the Prize claim process, is found to be ineligible for any reason, declines to accept the Prize, or incorrectly answers the required mathematical skill-testing question, the potential winner will be disqualified and will forfeit the Prize. The Contest Sponsor may then, at their sole and absolute discretion, select another eligible participant for the Prize and who will be subject to disqualification in the same manner. The Contest Parties will not be responsible for failed attempts to notify any potential winner.
ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, participant accepts and agrees to these Rules and all decisions of the Contest judges (who may be employees, agents or independent contractors of the Contest Sponsor or Administrators), which shall be final and legally binding on participant in all matters relating to this Contest. All entries become the property of the Contest Sponsor and will not be returned. In order to be confirmed a winner and receive any Prize, the selected participant will be required to sign and accept the Contest Sponsors’ Declaration of Compliance and Prize Release form which confirms compliance with these Rules and releases the Contest Parties from all liability with respect to the participant’s participation in this Contest and the awarding, use/misuse of any Prize. Winners agree to the use of their name, image, likeness, persona, statements, and city/province of residence for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, throughout the universe, including Sponsor’s and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation except where prohibited by law. The Sponsor and its respective affiliates are not responsible for printing, technical errors, distribution, or production errors. The Contest Parties do not warrant that access to, or use of the Contest will be uninterrupted or error-free.
Participants and/or winners assume liability for injuries caused or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any Prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, participant agree: (a) to release the Contest Parties, the Administrator, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize, (b) that under no circumstances will participant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and participant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.
Sponsor reserves the right to disqualify any individual from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has failed to comply with or has attempted to circumvent these Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Contest Party, or any other participant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source.
EVENTS INTERFERING WITH CONTEST ADMINISTRATION:
- Termination, Modification or Suspension: The Contest Sponsor may, at its sole discretion and without liability to Contest participants, terminate the Contest in whole or in part, or modify or suspend the Contest at any time without notice in the event any of the following situations arise in the Contest Sponsors’ sole opinion: any impedance or prevention of the Contest Sponsor’s ability to administer the Contest as planned or intended by an event beyond the Contest Sponsor’s control, including but not limited to an act of God, fire, flood, COVID-19, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, telecommunications equipment failure, utility-related disruptions, software viruses, software bugs, computer programming errors, terrorist threat or activity, war (declared or undeclared), any federal, provincial, territorial or local government law, order or regulation, public health crisis, pandemic, the order of any court or jurisdiction, or by any other cause not reasonably within the Contest Sponsor’s control. Without restricting the generality of the foregoing, if for any reason more participants receive notification of eligibility to win a Prize than the number of prizes stated herein, the Contest Sponsor reserves the right, in its sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of prizes stated in these Rules via a random drawing for the prizes not yet distributed at the time the Contest is terminated, suspended or amended.
- Procedure upon Early Termination: In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.
RELEASE: By participating in this Contest, all participants declare that they have read, understood and complied with the Rules, and for winners, consent to the use of their name, biographical information and/or likeness for the purposes of advertising and promotion without further compensation, agree to abide by all decisions by the Contest Sponsor (which are final), and agree to release, indemnify and hold harmless the Contest Parties, and each of their affiliates, directors, officers, employees, professional advisors and advertising and promotional agencies (collectively, the “Released Parties”) from any injuries, liability, losses and damages of any kind to persons or property, in whole or in part, directly or indirectly, in connection with participating in this Contest and/or any Prize awarded (including any travel-related activity related thereto). None of the Released Parties will be liable to any participant under tort, contract, strict liability, negligence or any other legal or equitable theory, for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages). Damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Released Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by Sponsor. Sponsor is not responsible for the actions, content, information, or data of third-parties, and you release Sponsor and Sponsor’s officers, directors, shareholders, employees, agents, suppliers, partners and representatives from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such parties. You shall further defend, indemnify, and hold harmless Sponsor and the Contest Parties and their respective affiliates and each of its and their respective officers, directors, shareholders, employees, agents, suppliers, partners and representatives of the foregoing from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website or otherwise from your violation of these Rules, or infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity. Sponsor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Sponsor in asserting any available defenses. The Released Parties are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant's ability to participate in the Contest. Before a Prize is awarded, Prize winners may be required to sign a standard declaration of compliance with the Rules and release form(s) releasing the Released Parties from any and all liability arising out of, pursuant to, or as a result of the carrying out of the Contest, including, without limitation, liability arising from the acceptance of and usage of the prizes as awarded, the administration of the Contest and the selection of a potential winner.
GENERAL: All decisions of the Contest Sponsor shall be final. The Contest Sponsor is not responsible for errors in the offer or administration of this Contest, including but not limited to, errors in the advertising, the Contest Rules, selection of the winners or the distribution of any Prize. The Contest is subject to all applicable federal, provincial, municipal and local laws. The Contest Sponsor reserves the right to modify or terminate this Contest at any time without notice to participants. Any failure by Sponsor to enforce any of these Rules will not constitute a waiver of such Rules.
- 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.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of participant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles. All participants consent to the jurisdiction and venue of the Province of Ontario.
- All causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action.
- In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest marketing or advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.CONFLICTS/DISCREPANCIES:
INVALIDITY: The invalidity or unenforceability of any provision of these 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 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.
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