The 2014 Yogurty’s 100,000 Bonus Points Contest (the “Contest”)
OFFICIAL RULES (THE “OFFICIAL RULES”)
The 100,000 Bonus Points Contest (the “Contest”) is sponsored by Yogurty’s Yogurt Inc. (the “Sponsor”). The Sponsor in its sole and absolute discretion may engage certain third parties to administer various aspects of the Contest on its behalf and in these Official Rules. The Contest is open only to Canadian residents excluding Quebec who are eligible to receive Yogurty’s bonus points. See Rule 2 below which describes who is, and who is not, eligible to receive Yogurty’s bonus points. A person who is eligible to participate in the Contest is referred to as a “Participant” in these Official Rules. The term “Prize” refers 100,000 Yogurty’s points (value of $100) and a Captain America swag bag (swag bag contents may vary) valued at $40, which is available to be won by Participants of the Contest.
1. GENERAL DESCRIPTION OF THE 100,000 BONUS POINTS CONTEST
The Contest Period begins at 12:01 a.m. (local time in each Province/Territory) on April 16, 2014 and is scheduled to end on May 10, 2014 at 12:01 a.m. (the “scheduled end date”).
To enter the Contest, a Participant must obtain use their Yogurty’s Froyo®Nation Card in the manner(s) described below in these Official Rules (see Rule 3 below). Persons who participate in the Contest are subject to these Official Rules which are on display for review at participating Yogurty’s stores and online at www.yogurtys.com/bonuspointscontestrules/
The Contest is being conducted in Canada by the Sponsor in accordance with these Official Rules. By participating in The Contest, each Participant, and if the Participant is a Minor, that Minor’s parent or legal guardian on behalf of the Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and by the decisions of the Sponsor with respect to The Contest including without limitation the meaning and application of these Official Rules, which decisions shall be final and binding with respect to all aspects of The Contest.
2. WHO IS ELIGIBLE TO ENTER THE CONTEST
Subject to the provisions of these Official Rules including, without limitation, the restrictions on eligibility set out below in this Rule 2, The Contest is open only to residents of Canada excluding Quebec.
Persons in any of the following categories are NOT eligible to participate in, or to win a Prize in, the Contest: (a) any person who, on or after April 1, 2014, was or is a director, officer, employee, member, manager, agent, or franchisee of the Sponsor or any one or more of the Sponsors’ respective divisions, parents, subsidiaries, franchisees or affiliated companies, advertising and promotion agencies, representatives, service agencies, or independent contractors.
3. HOW TO ENTER THE CONTEST.
NOTE: NO PURCHASE OF A YOGURTY’S FOOD OR OTHER PRODUCT is required to enter the CONTEST.
A Participant can enter the Contest by completing the following steps in store:
By completing the 2 steps listed above, an entry will be automatically submitted. Limit of one contest entry per account, per day.
A Participant can request a Contest Entry, without buying a food item at a participating Yogurty’s store by mailing a postage-paid, self-addressed stamped envelope (a “Request”) bearing sufficient return postage and bearing on its exterior the Participant’s return mailing address (first and last name, street address, city/town, Province/Territory, country, and postal code), legibly printed by the Participant manually in ink to: Yogurty’s 100,000 Bonus Points Request, 210 Shields Court, Markham, Ontario, L3R 8V2. Both the mailing and return addresses on the exterior envelope must be legibly hand-printed in ink and the return address on that exterior envelope MUST be the same as the address which appears on the enclosed self-addressed stamped envelope or the Request will NOT be honoured. Envelopes with no return address on the outside will NOT be honoured. Requests that are sent in business-reply envelopes, that utilize address labels or stickers, that are photocopied, hand-stamped, computer-generated or otherwise mechanically produced or reproduced, that are not addressed manually in ink, that fail in any way to comply with the requirements set out above in this sub-paragraph, or that are not mailed separately in separate outer envelopes bearing sufficient postage will NOT be honoured. Limit of one (1) Contest Entry per each Request that complies with these requirements. A confirmation letter will be sent to the return address to confirm contest entry. Requests must be postmarked no later than April 30, 3014 and received at the above address no later than May 10, 2014
4. WINNER NOTIFICATION AND RELEASES
On May 12, 2014, Sponsor will randomly select winner and contact he/she via email. If a potential winner does not respond after the first attempted contact within five (5) days, he or she will be disqualified and the prize will be awarded to an alternate winner as determined by random draw from the remaining eligible entries. The potential winner may be asked to provide confirmation that he or she is the owner of the relevant email address. The potential winner may be required to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release and also to have any companion(s) that will participate in the prize activities, if applicable, return the same documentation before claiming the prize or being allowed to participate in any prize activities. If any of the potential winner or the companion(s), if applicable, is under the age of majority in his or her province of residence, then the parent or legal guardian of the minor potential winner or companion(s) must sign and return all required forms. All forms must be postmarked within 10 days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person. Noncompliance within this time period and/or return of any prize/prize notification as undeliverable may result in disqualification and an alternate potential winner may be randomly selected from all remaining eligible entries. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. Acceptance of any prize constitutes permission to the Sponsor to use winners’ name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, without further compensation, unless prohibited by law.
9. LIABILITY RELEASE & INDEMNIFICATION.
By entering this Contest you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
10. OTHER TERMS.
Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Any attempt to undermine the operation of this promotion is a violation of criminal & civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law.
11. SEVERABILITY
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. SPONSOR
Yogurty’s Yogurt Inc., 210 Shields Court, Markham, Ontario, L3R 8V2, Canada.