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Excel Back To School 2024 (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 (“Contest Website”) or scan a QR code in-store to access the Contest Website and complete a form to submit one entry, as provided below
  1. SPONSOR/ADMINISTRATOR: 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”).
  2. 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 respective parents, affiliates, agencies, distribution companies, or advertising and promotion agencies, (collectively the “Contest Parties”), or a member of the immediate family (parent, spouse, sibling, child and their respective spouses, regardless of where they reside) of, or domiciled with any of the foregoing persons, whether or not related.

    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 Eastern Time (“ET”) and 11:59:59 pm ET of the same day, except for the first day of the Contest, August 1, 2024, 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 a participant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the participant and such individual must comply with these Rules. 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.
  3. CONTEST PERIOD: Contest starts on August 1, 2024 at 12:00 pm (noon) ET”, and Contest closes November 1, 2024 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.
  4. HOW TO ENTER: There are two (2) methods of entry into the Contest. One is eligible for the Instant Win Tertiary Prize (as defined below) only and the other is eligible for all Prizes.

    Option 1: Instant Win Tertiary Prize Entry Method Only:
    Visit the Contest Website or scan a QR code in-store and follow the directions to complete the Contest entry form (with the exception of the fields associated with the Qualifying Purchase (as defined below)). Upon successful submission, you will play for the chance to win an Instant Win Tertiary Prize. The results of your Tertiary Instant Win entry will be presented on-screen instantly. See complete details in the “How to Win an Instant Win Tertiary Prize” section below.

    Option 2: All Prizes Entry Method:
    Purchase at least one (1) Excel®/MD, Juicy Fruit®/MD, 5 Gum®/MD, Hubba Bubba®/MD or Double Mint®/MD product(s), including all pack sizes ("Qualifying Products") during the Contest Period from any Canadian-located store that sells the Qualifying Products (each. a “Qualifying Purchase”), then visit the Contest Website or scan a QR code in-store, and follow the directions to fully complete and submit the Contest entry form, including uploading a photo of the complete receipt showing the Qualifying Purchase. Photo of the receipt must show the retailer, date, time and purchase of at least one Qualifying Product. Upon submission of the fully completed Contest entry form, participants will receive one (1) entry into the Grand Prize Draw (as described below) and play for the chance to win an Instant Win Secondary or Tertiary Prize. The result of your Instant Win entry will be presented on-screen instantly.

    A receipt may only be used one time. Receipts that are altered in any way or bartered, sold, or auctioned will be void.

    Regardless of the method of entry used (including the No Purchase Necessary entry method described below), each entrant is limited to one (1) Instant Win play/Grand Prize Draw entry per calendar day.

    All entries must be properly received and recorded by the Administrators’ computer within the Contest Period in order to be eligible. No other form of submitting an entry is valid other than as stated above. Multiple participants may not share the same email address. Participants may not enter with multiple email addresses, nor may participants use any other device to enter under multiple identities. Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any Prize won, in the Administrator’s sole discretion. All entries become the property of the Contest Sponsor and will not be returned.
  5. NO PURCHASE NECESSARY: To enter and be eligible for a chance to win an Instant Win Secondary Prize or the Grand Prize without making a Qualifying 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 the 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
    c/o Elite Digital
    5511 Steeles Ave. West, Suite 200
    Toronto, Ontario, M9L 1S7

    To be valid, and in order to qualify for the chance to win an Instant Win Secondary Prize or Grand Prize, each No Purchase Entry must contain a unique NPE PIN that has the same name and email address as written on the piece of paper and must be enclosed in a separate envelope bearing sufficient postage, be post-marked during the Contest Period and received no later than November 5, 2024 (“No Purchase Entry”). Each NPE PIN can be used only once. Each valid mail-in entry will qualify for one (1) entry into the Grand Prize Draw and one (1) chance to win an Instant Win Secondary or Tertiary Prize. Limit one (1) entry per stamped, outer envelope and per calendar day. Multiple entries received from a participant in/for the same calendar day with the same postmarked date or Contact will void all but the first such entry, regardless of method of entry.
  6. HOW TO WIN AN “INSTANT WIN TERTIARY PRIZE” or “INSTANT WIN SECONDARY PRIZE”:Randomly-selected winning moments for each Prize during the Contest Period will be chosen by the Administrators, and the first participant who submits an eligible Instant Win entry in accordance with these Rules (whose entry is properly received and recorded by the Administrator’s computer) on or immediately after a randomly-selected moment will win the applicable Prize (subject to verification of eligibility and compliance with these Rules). For No Purchase Necessary entries, the date/time of the Instant Win entry will be the date/time of NPE PIN associated with that entry.

    If your computer screen, tablet screen or mobile device displays a Prize-winning message, you will be sent an email at the email address provided upon entry (“Prize Claim Notification”). Odds of winning an Instant Win Tertiary or Secondary Prize depend on the number of eligible entries received and the order in which entries are received.

    No responsibility is assumed by the Contest Parties for any inability of a potential entrant to successfully enter the Contest for any reason or for Instant Win Tertiary Prizes that may remain unclaimed or unawarded. Proof of transmission (e.g., screenshots) does not constitute proof of receipt.

    See “How To Claim Prize” for further information.
  7. HOW TO WIN A “GRAND PRIZE”: A random draw will be conducted on November 7, 2024 at 2:00 pm ET at 5511 Steeles Avenue West, Toronto, ON from among all eligible Qualifying Purchase entries and No Purchase Necessary entries received for the Contest Period to select one (1) entrant eligible to win a Grand Prize (the potential “Grand Prize winner”). Odds of winning depend on the total number of eligible entries received for the drawing. The potential Grand Prize winner will be sent a Prize Claim Notification within three (3) business days following the draw. Please see the additional prize conditions in Rule 9 for conditions applicable to the Grand Prize.
  8. PRIZES: There are one-hundred and twenty-six (126) prizes (each a “Prize”) available to be won during the Contest: seventy-five (75) Secondary Prizes, fifty (50) Tertiary Prizes, and one (1) Grand Prize. The number of Prizes available to be won will diminish as they are claimed throughout the Contest Period. No more than the stated number of prizes will be available. Prizes must be accepted as awarded. Prizes are non-transferable and non-cash prizes cannot be redeemed for cash. 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. All costs and expenses associated with Prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. The Contest Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. The Contest Sponsor and Administrators are not responsible for any Prize once it has been sent. For the avoidance of doubt, this includes any prizes that are lost or damaged after being received by the winner. 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 Secondary Prize (“Instant Win Secondary Prize”) includes:
    • Spotify Gift Card | $60 Approximate Retail Value ("ARV”)
    • Airpods (2rd Gen)| $180 ARV
    The ARV of each Instant Win Secondary Prize is CAD$240

    Each Tertiary Prize (“Instant Win Tertiary Prize”) includes:
    • Excel Gum 3 Pack | CAD$5 ARV


    The Grand Prize (“Grand Prize”) includes:
    • CAD$10,000 Cash prize to be sent via Interac e-Transfer (The ARV of the Grand Prize is CAD$10,000 )
  9. 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 Declaration of Compliance and Release for Grand Prize and Instant Win Secondary Prizes only;
    • the potential winner must accept, sign and return the terms of a Declaration of Compliance and Release for Grand Prize and Instant Win Secondary Prizes only, which confirms compliance with these Rules and releases the Contest Sponsor and Administrators 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, and
    • the potential winner may be asked to supply valid photo identification


    Once these steps have been completed, the Contest Administrators or Contest Sponsor’s designated agent will confirm the potential winner as a verified winner of the applicable Prize. Once verified, the Contest Administrators’ designated agent will make arrangements for fulfillment of the Prize. The Contest Parties are not responsible for failed attempts to fulfill the Prize and make the appropriate arrangements. Prizes will be delivered within 4 - 6 weeks after verification.

    If a potential winner does not respond to the Prize Claim Notification within three (3) business days, fails to complete the prize claim process as outlined above (including the return of all required fully-executed documents), is found to be ineligible or not in compliance with these Rules 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 Administrators may then, at their sole and absolute discretion, randomly select another eligible entrant from among all remining non-winning eligible entries received for the Prize at issue 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.
  10. PUBLICITY GRANT: 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.
  11. ADDITIONAL CONDITIONS OF PARTICIPATION: The Contest is subject to all applicable federal, provincial, municipal and local laws. 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.

    As a condition of entering, entrants agree: (a) 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; (b) 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 (c) 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.
  12. 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 any unclaimed Prize(s) will be conducted from among all non-suspect eligible entries received for the applicable Prize(s) prior to the time of termination or as otherwise deemed fair and appropriate by Contest Sponsor. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.
  13. RELEASE: By participating in this Contest, all participants agree to release, indemnify and hold harmless the Contest Parties, and each of their directors, officers, shareholders, employees, agents, suppliers, partners, representatives, professional advisors (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. 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. Released Parties are not responsible for the actions, content, information, or data of third-parties, and you release Released Parties 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 Released Parties 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 Contest 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. The Released Parties are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible, inaccurate or incomplete entries, including No Purchase Entries, email, or other communications of any kind; or for other errors or problems of any kind, whether human, network, mechanical, technical, typographical or otherwise in the offer or administration of this Contest, including but not limited to, errors in the advertising, the Rules, selection of the winners, the processing of entries, the distribution of any Prize, or in any Contest-related materials.
  14. PRIVACY: The Contest Sponsor respects your right to privacy. Personal information collected from participants will only be used by the Contest Sponsor to conduct the Contest and fulfill any Prize requirements. With your consent, we may collect, use and disclose your information in accordance with Contest Sponsor’s privacy policy and/or provide you with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsor, please refer to the Contest Sponsor’s privacy policy, available at https://excelcontest.ca/privacy-policy/.
  15. DISPUTES:

    • 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.
    • RESIDENTS OF CANADA, EXCLUDING QUEBEC: 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.
  16. CONFLICTS/DISCREPANCIES: 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.
  17. 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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