Teddy Pop Rules and Regulation
OFFICIAL RULES AND REGULATIONS
1. CONTEST PERIOD: The Teddy Pop contest (the “Contest”) is sponsored by Exclusive Candy and Novelty Distribution Ltd. The contest begins at 12:00:00 AM (ET) on Monday, April 1, 2019 and ends at 11:59:59 PM (ET) on Tuesday December 31, 2019.
2. ELIGIBILITY TO ENTER: Contest is open to legal residents of Canada, excluding Quebec, who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Exclusive Candy and Novelty Ltd., Market Development and Promotion Agency (the “Sponsor”), and their respective parent companies, subsidiaries affiliates, distributors, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).
3. HOW TO ENTER: Find a pink Elephant shaped lollipop instead of the usual teddy bear shaped Teddy Pop, and you will win a PlayStation® 4 System. All winners are to Visit www.exclusivebrands.ca and complete the Contest Entry Form (“Contest Entry Form”), including your full name, mailing address, phone number, and a valid email address. Winners are asked to send their Pink Elephant Lollipop to our Head Office located at 1832 Bonhill Road, Mississauga, Ontario, L5T1C4. Also include “By Mail”the following: Print your first name, last name, valid telephone number, complete mailing address (including postal code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) to Teddy Pop Contest, 1832 Bonhill Rd, Mississauga ON L5T 1C4 (the”Request”).
No purchase Entry:
By Mail: Print your first name, last name, valid telephone number, complete mailing address (including postal code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) to Teddy Pop Contest, 1832 Bonhill Rd, Mississauga ON L5T 1C4 (the”Request”). Upon receipt of your Request in accordance with these Rules, you will be eligible to receive one (1) Entry. To be eligible, your Request must: i) be received separately in a single envelope bearing sufficient Canadian postage (ie. multiple Requests in the same envelope will be void); and ii) be post-marked during the Contest Period and received by no later than the Draw Date (December 31, 2019 EST). The Contest Parties and each of their respective officers, directors, agents, representatives successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost misdirected, delayed or incomplete Entry Requests (all of which are void). To be eligible, your Entry (regardless of method of entry) must be submitted and received in accordance with these Rules.
In the event of a dispute as to who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the phone and/or email address at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to a cellular telephone number/email account (as applicable) by a service provider. Selected entrants may be required to provide Sponsor with proof that he/she is the authorized account holder of the phone and/or email address associated with the selected entry.
4. PRIZES: There will be a total of fifty (50) prizes (collectively referred to as a “Prize”) available to be won, as follows:
GRAND PRIZES: There are a total of fifty (50) Grand Prizes (the “Grand Prize(s)”) available to be won, each consisting of the following:
Fifty (50) PlayStation® Gaming Console
Approximate retail value of each Grand Prize $499.00 CND. Prize(s) are subject to the terms and conditions of the issuer. Each Grand Prize has no cash surrender value and no expiration date. Grand Prizes cannot be replaced or replenished if lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced.
Prizes must be accepted as awarded without substitution, are not transferrable, not for resale and have no cash surrender value, except where required by law. The Sponsor reserves the right, in the event that a Prize cannot be awarded as described or for any other reason, to substitute another prize of equal or greater retail value, without liability.
There is a limit of one (1) Grand Prize per person per applicable Contest period. Correct answer to mathematical skill testing question is required. Odds of being selected for a Grand Prize depends on the total number of eligible Grand Prize Entries received in accordance with these Official Rules by the Contest Close Date and correct answer to the mathematical skill-testing question.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor or any of the Released Parties should his/her Prize fail to be fit for its purpose or in any way be unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
If due to printing, production, online, internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Official Rules, then, in addition to having the right to terminate the Contest immediately, the Sponsor reserves the right, in its sole and absolute discretion, to rescind invalid Prize claims and/or conduct a random draw from amongst all eligible Prize claimants to award the correct number of Prizes. In no event whatsoever will the Sponsor or any of the Released Parties be liable for more than the number, type and value of Prizes as stated in these Official Rules.
5. AWARDING OF PRIZES:
GRAND PRIZE: To be declared as a confirmed winner of a Grand Prize, each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill testing question posed by telephone. The Selected Entrant will also be required to sign and return the Sponsor’s Declaration, Liability and, where legal Publicity Release Form (the “Release Form”), which, among other things: (i) confirms compliance with the Official Rules; (ii) acknowledges acceptance of the Prize as awarded, without substitution; (iii) releases the Contest Parties and their respective, shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with the Prize or any portion thereof or this Contest; and (iv) agrees to the use of his/her name, address (city and province/territory) and/or photograph without further notice or remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Contest. The Release Form will be emailed or couriered to each Selected Entrant and must be returned within the time period specified on the Release Form or the Prize will be forfeited in its entirety and nothing will be substituted in its place. Upon correctly answering the skill testing question and receipt of the duly completed Release form by a representative of the Sponsor, the Prize will be delivered to the Winner using the address provided on the Release Form, in approximately six (6) to eight (8) weeks.
6. GENERAL: All entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries, other materials and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECTED TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for any damages or loses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the Contest, including without limitation: (i) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (ii) the failure of any entry and/or other information or materials to be received, captured or recorded for any reason whatsoever, including but not limited to, technical problems or traffic congestion on the internet or at any website or due to late or lost entries sent by mail or otherwise; (iii) any injury or damage to any individual’s or any other person’s or entity’s computer or other device related to or resulting from participating in the Contest; (iv) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (v) any combination of the above. In no event shall the Sponsor’s total liability to you for all damages, losses or causes of action exceed $100.
Without limiting the foregoing, this Contest and all prizes are provided “as is” without warranty of a kind, implied or direct. Some jurisdictions may not allow the limitation of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions regarding these limitations or exclusions.
The Sponsor reserves the right, to withdraw, amend or suspend this Contest (or to amend these Official Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Official Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in tis sole and absolute discretion) is a violation of criminal and civil laws and should such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
The Sponsor reserves the right, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, entry and/or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
Except where prohibited by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest and any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of Ontario, City of Toronto. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in the Official Rules and/or in connection with the entering of any judgement on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the provincial and federal courts located in or closest to the City of Toronto in the Province of Ontario. The parties agree not to raise the defense of forum non conveniens.
6. LIMITS VERIFICATION: the Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Sponsor’s official time-keeping device(s).
7. Intellectual property. All intellectual property and all of the promotional materials, web pages and source code are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized use or copy of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
8. Posting of Grand Prize winner’s names. Within thirty (30) days of the Draw Date, the Sponsor shall post on the website at Teddy Pop. The Winners’ names (first name and first initial of surname) and city/province of residence. This information shall stay on this website for a period of at least ninety days (90).
Exclusive Candy and Novelty Distribution Ltd. All Rights Reserved