ASTRO KIK #MYKIKITUP SPRING BREAK CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. The “Astro Kik #mykikitup Spring Break” Contest (“Contest” or “Promotion”) is sponsored by Parmalat Canada Inc. (“Sponsor”). The Contest is governed by these official rules (the “Official Rules”), which are available online at astrokik.ca. By participating in the Promotion, each entrant agrees to these Official Rules, including all eligibility requirements, and understands that the results of the Promotion are final in all respects. The Promotion is subject to all federal, provincial and local laws and regulations and is void where prohibited by law. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Any information provided is being provided to the Sponsor and not Instagram or Facebook. ELIGIBILITY: This promotion is offered and open to (1) legal residents of Canada; (2) who are at least thirteen (13) years of age or older; (3) have an IOS or Android device that supports the Instagram application for entry to weekly prize sweepstake draws; and (4) have the Instagram application downloaded on their device and an Instagram account (“entrants”); provided, however, that requirements (3) and (4) in the preceding sentence will not apply to entrants who exercise the “no purchase” option to enter the Contest. Employees, officers and directors of Sponsor, or of its respective parent company, subsidiaries, affiliates, prize suppliers, and advertising/promotion agencies, collectively, the “Promotion Entities”, as well as their immediate family members (defined as spouses, children, parents and siblings) and other persons living in the same household as such individuals, are not eligible to enter to win. Sponsor reserves the right verify the eligibility of the winner. Subject to the age limitation provided above, entrants who are under the age of majority in their province of residence at the date of entry are still eligible to enter the Contest and win a prize provided that the parents or legal guardian of the entrant accepts the prize and the terms and conditions hereof for and on behalf of such entrant. As provided above, if a potential entrant is under the age of majority, such potential entrant will be required to provide the contact email address of his/her parent or legal guardian upon entry. PROMOTION PERIOD: The Contest begins at 12:00p.m. ET on March 01, 2014 and ends at 1:00p.m. ET on April 16, 2014 (the “Contest Period”). HOW TO ENTER: No purchase necessary. To enter the Contest, visit astrokik.ca (the “Website”) during the Contest Period. There are two (2) ways of entering into the Contest: (i) via the Website for Grand Prize UPC entry; and (ii) Instagram by submitting an image using the hashtag #mykikitup. Entry option #1: Grand Prize Entry. To enter the Grand Prize draw to win $10,000 CAD, you must locate the UPC code that is featured on a specially marked Astro kik bottle or a 4-pack. Each flavor DOCS #9763468 v. 2 -2- features a different UPC code. Entrants may only submit one entry per person/household/email address per day during the Contest Period. There is no limit to the number of entries over the Contest Period. Entrants must complete all of the required fields on the online entry form, including their full name, age, phone number, address and email address. Specially marked bottles of Astro kik contain UPC codes that will be sold at Canadian retailers during the Contest Period. Once an entrant has located the UPC code, he/she must visit www.astrokik.ca, and enter the UPC code found on the Astro kik product. UPC codes on 4-packs of Astro kik are located on the outer wrapper. Entry option #2: Weekly Prize Draw. To enter, entrants needs to have the Instagram application downloaded on their mobile device and be a registered user. On Instagram you should follow @astrokikkrew but this is not an entry requirement. If you do not have an Instagram account, you must create one. Accounts are free. By submitting your information and creating an account, you agree to the terms of use and privacy notice of Instagram. If you do not agree to these terms of use and privacy notice, you cannot create an account, or participate in the Promotion. Before entering the Promotion, the “Photos Are Private” option in the account settings on your Instagram account must be set to “OFF”. To enter the Promotion upload a photo of you ‘kiking it up’ to Instagram. This should involve uploading fun, energetic images of how you like to relax, chill, have fun, or enjoy yourself. In the caption for the image include the hashtag “#mykikitup”. Each photo submitted according to the Official Rules along with the proper hashtag will be deemed an “entry” (also referred to herein as “entries”). All entries must comply with these Official Rules, including, without limitation, the “Entry Requirements” section below. All entries must be submitted during the weekly time period for prizing as outlined in these Official Rules. Entries will not be acknowledged nor returned. Winners will be chosen at random each week through aggregation of the hashtag #mykikitup from Instagram. The number of prizes available each week will vary from 2-11 prizes. There is no limit to the daily and weekly entries per person. A condition for entry is the use of the hashtag #mykikitup – entries without this hashtag will be ineligible. As part of the Contest entry process, entrants may be required to indicate online that they have read, accepted and agree to be bound by these Official Rules including that they are at least thirteen (13) years of age; for clarity, all entrants will be deemed to have accepted the Official Rules upon submission of an entry and will be required to confirm the foregoing in writing prior to the awarding of any prize hereunder. Your entry will be rejected if (in the sole and absolute discretion of the Sponsor) the entry is not fully completed and submitted during the Contest Period. Use of any automated, script, macro, robotic or other program(s) to enter, or otherwise participate in this Promotion is prohibited and is grounds for disqualification by the Sponsor. All entries are subject to 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) to participate in this Promotion. Failure to provide such proof upon request, in a timely manner will result in disqualification. The sole determinant of the time for the purposes of a valid -3- entry in this Promotion will be the Promotion server(s). All decisions of the Sponsor and the Promotion judges are final and binding. Entry Requirements (Weekly prizing): To be eligible, an entry must: (1) be in keeping with Sponsor’s image request; (2) may not be obscene, indecent, or otherwise offensive (as determined by Sponsor or its assigned administrator in their sole discretion); (3) not defame or invade the publicity or privacy rights of any person, living or deceased; (4) infringe, violate, or misappropriate any person’s or entity’s personal or proprietary rights (including copyrights, trademarks, or other intellectual property rights); (5) not contain (i) any words, statements or images considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation, or other protected class, or who are disabled, (ii) any threats to any person, place, business, group or entity, (iii) materials that promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on age, race ethnicity, national origin, religion, sexual orientation or other protected class or disability, (iv) any materials that depict illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous, (v) content not in keeping with Sponsor’s reputation and image; (6) adhere to the Instagram terms of use set forth here http://instagram.com/about/legal/terms/ (and as amended from time to time); and (7) not be owned by a third-party and/or be subject of or to any restriction or right that would in any way limit Sponsor’s right to use the entry as permitted under these Official Rules (collectively, “Entry Requirements”). Failure to comply with these Entry Requirements, as determined by Sponsor or its assigned administrator in their sole discretion, is ground for automatic disqualification from the Contest. No Purchase Necessary: To obtain a code please email with a 100 word essay about Astro kik to [email protected] PRIZES: Prize #1: One (1) “Grand Prize” of $10,000 CAD. Grand Prize to be delivered by way of cheque, bank draft or wire transfer at the sole discretion of the Sponsor. The winner of the Grand prize is not eligible to win any other secondary prize in this Contest. The Grand Prize cannot be substituted or transferred to a third party. Any additional costs not described in these Official Rules as part of the Grand Prize that are incurred in collecting and using the Grand Prize are the winner’s responsibility. Prize #2: “Weekly Prizes” – These prizes will be awarded over seven (7) weeks with a total of fifty (50) prizes divided over each week of the Contest Period. Total approximate retail value of all weekly prizes is $15,000 CAD. Prizes are non-transferable. No prize substitutions allowed. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prizes become unavailable. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, each winner acknowledges compliance with these Official Rules. Limit of one (1) prize per person / household. -4- Weekly prizing details: Week one (1): Mountain Bike; approximate retail value of $775 CAD each x 2 units Week two (2): Snowboard; approximate retail value up to $600 CAD each x 4 units Week three (3): Go Pro; approximate retail value of $250 CAD each x 11 units Week four (4): Beats Headphones; approximate retail value of $220 CAD each x 10 units Week five (5): Games Console; approximate retail value of $500 CAD each x 5 units Week six (6): Ray Ban Sunglasses; approximate retail value of $200 CAD each x 9 units Week seven (7): Footlocker gift card; approximate retail value of $200 CAD each x 9 units WINNER NOTIFICATION AND SELECTION GRAND PRIZE A random draw for the Grand Prize will take place on or about Monday, April 21st, 2014 at 11:00 a.m. (ET) in Toronto, from all eligible entries received during the Contest Period. One (1) entry will be randomly selected from a server-generated list of all entries received by the Sponsor’s server(s) during the Contest Period. The entrant who submitted the selected entry, and who is otherwise eligible to win, will be the selected entrant who is eligible to win the Grand Prize subject to compliance with these Official Rules. The odds of winning the Grand Prize will depend on the total number of eligible entries received during the Contest Period as described above. The selected entrant of the Grand Prize will be contacted by email and/or telephone to ensure he/she meets the Promotion eligibility requirements. Sponsor or its assigned administrator will make a minimum of two (2) attempts to contact the selected entrant by email and/or telephone using the information provided at the time of entry within five (5) business days of the Grand Prize draw on April 21st, 2014. If the selected entrant cannot be contacted (i.e. does not reply to the email from the Sponsor or assigned administrator) within five (5) business days of the draw date, then he/she will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate selected entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant). Following first communication, a selected entrant will be required to sign and send the requested forms such as parental consent form, declaration and release and any other requested form within ten (10) business days. WEEKLY PRIZE Winners will be selected at a random drawing on or about every Thursday starting from Thursday, March 6th until the contest end date at 1.00pm ET April 16th during the Contest Period. All decisions of Sponsor are final and binding in all matters relating to this Contest. Week one (1) is from March 1st to March 5th – Draw March 6th Week two (2) is from March 6th to March 12th – Draw March 13th Week three (3) is from March 13th to March 19th – Draw March 20th Week four (4) is from March 20th to March 26th – Draw March 27th -5- Week five (5) is from March 27th to April 2nd – Draw April 3rd Week six (6) is from April 3rd to April 9th – Draw April 10th Week seven (7) is from April 10th to April 16th – Draw April 17th The odds of winning a Weekly Prize will depend upon the total number of eligible entries received up to the time of each draw. Winners will be selected in a random draw each week; dependent on the number of prizes to be given out each week. Within three (3) business days of the random drawing, the Sponsor will notify selected entrants by adding a comment from the official Astro kik Instagram account @astrokikkrew to the selected entrant’s photo submission on the selected entrant’s Instagram account. The comment will request that the selected entrant email the Sponsor to the specified email address [email protected] with specific personal information (ex: full name, address, phone number, email address, date of birth, Instagram username, etc.), and the original unaltered photo submission. The selected entrant, in Sponsor’s sole discretion, may be required to claim ownership of the Instagram account that submitted the winning photo, and may be asked to demonstrate control of the account. The selected entrant must email Sponsor to the specified email address ([email protected]) with the information that was requested from the Sponsor in the comment within three (3) days after Sponsor posts the comment notification on the selected entrant’s photo submission. Failure to respond to a comment notification with the requested information within the defined three (3) business days will result in the selected entrant being disqualified and an alternate entrant being selected. The selected entrant will then have five (5) business days to return the requested forms; if under the age of majority a parental consent form and declaration and release form, etc. will be required. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate entrant. In order to receive the comment notification, aselected entrant’s device and Instagram settings must be set to receive push notifications. Odds of winning a prize are subject to the total number of eligible entries received for the Contest Period. Limit of one (1) prize per person/household. Before being declared the Grand Prize winner or a Weekly Prize winner, a selected entrant will be required to submit a 100 word Astro kik brand related essay stating what they like about Astro kik or correctly answer a mathematical skill-testing question and will also be required to sign a declaration and release form stating that he/she has read, understood and complied with these Official Rules (including the eligibility requirements), grants all consents required as contemplated in these Official Rules, authorizes the Sponsor to broadcast, publish and disseminate his/her name, address, photograph, likeness and voice in connection with any promotion or publicity and/or for general news, entertainment and information purposes at no compensation to the selected entrant, accepts the Prize as offered, and releases the Releasees (as defined below), and the supplier and/or provider of prizes from any and all liability of any kind arising out of the winner’s participation in this Promotion, and receipt and use of the prize. If a selected entrant fails to submit a 100 word Astro kik brand related essay or correctly answer the skill-testing question, fails to execute and return the declaration and release form within the required time period of ten (10) -6- business days, is otherwise not in compliance with the Official Rules, or is unable or unwilling to comply with these Official Rules, the selected entrant will be deemed ineligible. A new entrant will then be selected from eligible entries in accordance with these Official Rules, however, no potential Grand Prize winner will be selected after May 21stst 2014. All decisions of the Sponsor with respect to any aspect of this Promotion, including without limitation the eligibility of entries, is final and binding on all entrants in all matters as they relate to this Promotion. The Sponsor reserves the right in its sole discretion to make its decisions in respect of eligibility of any Grand Prize winner at any time, and in particular, the Sponsor reserves the right to consider the Sponsor’s insurer’s determination as to eligibility in making such decisions. For greater certainty, selection as a potential Grand Prize winner does not constitute a determination as to eligibility in accordance with these Official Rules. INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE RELEASEES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON. THE RELEASEES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZES; FOR THE PURPOSES HEREOF, “RELEASEES” MEANS THE SPONSOR AND ITS PARENT, RELATED AND AFFILIATED COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, INSURERS, INDEPENDENT CONTEST ORGANIZATION AND THE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND ASSIGNEES THEREOF AND ANY INDIVIDUALS RESIDING WITH ANY OF THE FOREGOING AND THEIR RESPECTIVE HEIRS AND ASSIGNS. GENERAL CONDITIONS: Winners grant to Sponsor the right to print, publish, broadcast and use on any media now known or hereinafter known and without limitation the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. All entries become the property of the Sponsor and none will be returned; the entrants waive any moral rights or rights of restraint the entrant has in an entry, including the submitted photo, and such waivers will apply as to the Sponsor and its successors or assigns. The Releasees extend absolutely no representations or warranties in respect of any Prizes and accept no liability for death, damages or losses of any kind resulting from the acceptance or use of the Prize. The Releasees are not responsible for lost, incomplete, illegible, misdirected, garbled, stolen, or mutilated entries. The Releasees will not be liable for any failure of any website during the Promotion; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of -7- any entry to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Releasees will not be liable for any injury or damage to an entrant’s or any other person’s computer and/or mobile phone related to or resulting from participating or downloading any material in the Promotion. In the event of a dispute regarding who submitted an entry, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Promotion (or to amend these Official Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Promotion as contemplated by these Official Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Promotion is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Promotion, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason. No more than the stated number of prizes will be awarded. Subject to all applicable Canadian federal, provincial and municipal laws and regulations, these Official Rules govern all aspects of the Promotion and are binding on all participants. For Quebec residents only: 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 des alcools, des courses et des jeux only for the purpose of helping the parties reach a settlement. In the event of any discrepancy or inconsistency between: (1) the terms and conditions in theis English version of the Official Rules; and (2) disclosures or other statements contained in any Promotion-related materials, including, but not limited to, the Promotion entry form, the French version of the Official Rules, and/or point of sale, television, radio, print or online advertising, the terms and conditions of these English Official Rules shall prevail, govern and control. WINNERS LIST -8- For the names of the weekly prize winners, beginning March 7th, 2014, go to www.astrokik.ca. PERSONAL INFORMATION PRIVACY: By entering this Promotion, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Promotion, including sending entrants email notifications about the Promotion, and in accordance with the Website’s Privacy Policy (available at www.parmalat.ca). PARMALAT, ASTRO and KIK are trade-marks of and/or used under license by Parmalat Canada Inc.
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