EXCEL GUM WE’VE GOT YOUR PACK (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 to access the Contest website and complete a form to be awarded one entry.
- SPONSOR/ADMINISTRATOR: This Contest is sponsored by Mars Canada Incorporated (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”).
- 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 all of the foregoing shall be referred to as 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 be entered 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 15, 2022, 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 entrant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. 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. An entrant 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. Entrants 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 15, 2022, at 12:00 pm (noon) Eastern Time (“ET”), and Contest closes December 4, 2022, at 11:59:59 pm ET (the “Contest Period”). No entries will be accepted outside of the Contest Period.
- NO PURCHASE NECESSARY: To enter without purchase, entrant 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. Entrant 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 a self-address envelope to the address below (the “Contest Address”): Excel Gum Contestc/o Elite Digital5511 Steeles Ave. West, Suite 200, Toronto, Ontario, M9L 1S7To be valid, and in order to qualify for one (1) entry into the Contest, 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 and received during the Contest Period (“No Purchase Entry”). Each NPE PIN can be used only once. You will qualify for one (1) Entry into the Contest per separate envelope containing an original NPE PIN submitted throughout the Contest Period.
- HOW TO ENTER: Visit https://excelcontest.ca or scan a QR code and fully complete the Contest entry form. Included in your submission, 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 one (1) or more 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 a participating Canadian-located store or online retailer. A participant with at least one (1) confirmed Qualifying Purchases will receive one (1) entry into the Contest. Each receipt may only be used one time.All entries must be properly received and recorded by the Administrators’ computer within the Contest Period in order to be eligible for the chance to win a Prize.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 Administrators’ sole discretion.
- HOW TO WIN A PRIZE: A random draw will be conducted each Monday during the Contest Period with the first draw being August 22, 2022 and last draw being December 5, 2022 at 2:00 pm ET at 5511 Steeles Avenue West, Toronto, ON from among all eligible entries received during the Contest Period prior to 1:59:59pm ET on the Prize Draw date to select one (1) entrant eligible to win a Prize (see Rule 7) (the “Prize Draw”). There will be a total of seventeen (17) Prize Draws during the Contest Period. The Prize Draws will take place on the following dates: August 22, August 29, September 5, September 12, September 19, September 26, October 3, October 10, October 17, October 24, October 31, November 7, November 14, November 21, November 28, December 5. Odds of winning depend on the total number of eligible entries received with a Qualifying Purchase during the Contest Period prior to the Prize Draw that week. The entrant selected as eligible to win a Prize will be notified by email within three (3) business days following the draw. Please see the additional prize conditions in Rule 8 for conditions applicable to the prize.
- 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 any Prize that may remain unclaimed or unawarded. The Contest Administrators are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete 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 seventeen (17) Prizes (each a “Prize”) available to be won during the Contest. The details of the Prize 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 and non-redeemable for cash. No substitutions, except by the ContestAdministrators , who reserve 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. Entrants who have not complied with the Rules will be disqualified. The Contest Administrators make 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 Administrators. Any unclaimed prize will not be awarded. Prize may be forfeited if verification cannot be affected following reasonable efforts by Contest Administrators. If there is any issue with the prize, the winner must contact the Contest Administrators within 3 months of the date of verification. Limit of one (1) prize per person and/or mailing address during the Contest Period.The Prize is:
- CAD$1,000.00 (one-thousand dollars)
- The Prize will be delivered via check, direct deposit, Interac e-transfer or wire transfer at the discretion of the Contest Administrators.
- CAD$1,000.00 (one-thousand dollars)
- HOW TO CLAIM A PRIZE:If you are selected as a potential Prize winner, you will be sent an email to the email address associated with your entry informing you that you are a potential winner (the “Prize Claim Notification”).In order to claim 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 the Declaration of Compliance and Release;
- the potential winner must sign and accept the terms of a Declaration of Compliance and Release, which confirms compliance with these Rules and releases the Contest Sponsor and Administrators from all liability with respect to the entrant’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 information to receive the Prize (ie. Email address to accept the Interac e-Transfer or banking information to receive the direct deposit)
- the potential winner may be asked to supply valid photo identification
- ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, entrant 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 entrant in all matters relating to this Contest. All entries become the property of the Contest Sponsor and Administrators and will not be returned. In order to be confirmed a winner and receive any prize, the selected entrant will be required to sign and accept the Contest Administrators’ 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 entrant’s participation in this Contest and the awarding, use/misuse of any prize. Winners agree to the use of their name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Contest Parties any and all rights to said use without further notice or compensation. The Contest Parties and their 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.Entrants 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, entrants agree: (a) to release the Contest Sponsor, the Contest Parties, the Administrators, 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 entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages against any of the Released Parties and entrant 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.
- EVENTS INTERFERING WITH CONTEST ADMINISTRATION:
- Termination, Modification or Suspension: The Contest Administrators may, at itssole discretion and without liability to Contest entrants, 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 Administrators’ sole opinion: any impedance or prevention of the Contest Administrators ability to administer the Contest as planned or intended by an event beyond the Contest Administrators 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 Administrators’ control. Without restricting the generality of the foregoing, if for any reason more entrants receive notification of eligibility to win a prize than the number of prizes stated herein, the Contest Administrators reserve the right, in their 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 Administrators (which are final), and agree to release, indemnify and hold harmless the Contest Sponsor, the Contest Parties, and each of their affiliates, directors, officers, employees, professional advisors and advertising and promotional agencies (collectively, the “Released Parties”) from any liability in connection with participating in this Contest and/or any prize awarded. 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 will 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 Administrators shall be final. The Contest Administrators are 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 Administrators reserves the right to modify or terminate this Contest at any time without notice to participants.
- 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 entrant and the Contest Sponsor or Contest Administrators 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 entrants consent to the jurisdiction and venue of the Province of Ontario.
- CONFLICTS/DISCREPANCIES: In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest 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.
- 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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