Purina® Pro Plan® Cat ‘Win With Pro Plan® Cat’ Contest (the “Contest”) is intended to be conducted in Canada only and shall be construed and evaluated according to applicable Canadian law. The contest is open to legal residents of Canada only. Do not enter this contest if you are not a legal resident of Canada. NO PURCHASE IS NECESSARY. Participants must be of the age of majority in their province or territory of residence or older at the time of entry. Void in whole or part where prohibited by law. Entry in this Contest constitutes acceptance of these Contest rules (the “Contest Rules”).
The Contest is sponsored by Nestlé Purina PetCare Canada. (The “Sponsor”).
The Contest opens at 12:00:00 AM Eastern Daylight Time (EDT) on September 14, 2011 and closes at 11:59:59 PM Eastern Standard Time on December 31, 2011 (the “Contest Period”).
The Contest is open to legal residents of Canada who have reached the age of majority in their province/territory, and have a valid email address. Employees of the Sponsor, its affiliated companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of the Contest Rules, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
To enter the Purina® Pro Plan® Cat ‘Win With Pro Plan® Cat’ Contest, follow the instructions below:
On January 16, 2012, at 2:00:00 PM (EST), a random draw will take place. The draw will take place at the offices of the independent agency in charge of managing the contest in Toronto, Ontario.
The Contest Sponsors will attempt to contact the selected entrants by phone and/or email within 2 days of the draw. If Contest Sponsors are unable to contact the selected entrants after 3 attempts, the selected entrants shall lose the right to be awarded the prize and the Contest Sponsors may, in their discretion, select other entrants to be awarded the prizes.
The awarding of the prizes will be conditional upon the selected entrant correctly answering a skill testing question, without assistance of any kind. Selected entrants may be required to furnish proof of identification. The Contest Sponsors shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners. If a selected entrant is found to be ineligible, declines to accept the prize, or in the event that a prize confirmation or prize is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner at the Sponsor's sole discretion.
Each of the Winners will be required to execute a Release (the “Release”) that confirms Winners’: (i) eligibility for the Contest and compliance with the Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, their employees, directors, officers, suppliers, agents, sponsors and administrators, and all their affiliated and associated entities and advertising and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of the Prizes, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use in all media now known or hereafter devised, in connection with the Contest the Winners’ names, photographs, likeness, voice and biography, in the promotion of the contest and exploitation thereof. The executed Release must be returned to the Sponsor within ten (10) business days of notification or the selected potential Winner(s) will be disqualified and the prize forfeited. Upon entering this Contest, all participants release the Releasees and all their respective employees from any potential liability related to the prizes and the use and/or misuse of the prizes.
By participating in this Contest, each entrant agrees to be bound by these Contest Rules. Each entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any attempt to tamper with the entry process, interfere with these Contest Rules , deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, (collectively referred to as “Prohibited Acts”), is a violation of law, and the Sponsor reserves the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future Nestlé Purina PetCare Canada contests. For further clarity, Prohibited Acts include, without limitation the use of automated equipment. All entries produced or generated by script, macro, robotic, programming, or any other automated means are prohibited and will be disqualified.
The Contest Sponsor reserves the right at its sole discretion to disqualify any individual from the Contest, and to ban that individual from participation in any future promotion of the Contest Sponsor, if the Contest Sponsor finds or believes such individual to be tampering with the entry process or the operation of the Contest or where applicable, the Contest Website; to be acting in violation of the Contest rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Contest Sponsor, the Contest Sponsor's agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering the Contest, the entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Releasees or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of these Contest Rules, or in any prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
The Sponsor assumes no responsibility for entries lost, stolen, delayed, damaged or misdirected, or for the failure, interruption, technical malfunction or delay of any email or other communication to be received, for any reason; any incorrect or inaccurate information, whether caused by contest website users or by equipment or programming associated with or utilized in the contest or by any technical or human error which may occur in the processing of entries in the contest; problems with the function of any website or website feature howsoever caused; the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data or software, online systems, servers or access providers; any functionality lost due to not having cookies enabled; traffic congestion on the Internet; the security or privacy of information transmitted via computer networks; or for breaches of privacy due to interference by third party computer "hackers".
The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, on account of technical problems or otherwise.
The Sponsor is not responsible for any injury or damage to any entrant related to or resulting from participating in this Contest. Each entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor does not assume responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, and representations are owned by the Nestlé Purina PetCare Canada and/or its affiliates. All rights are reserved. iPad 2 is a trademark of Apple Inc. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. The Sponsor reserves the right to terminate, suspend and/or modify the Contest and /or the Contest rules at its sole discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
If, for any reason, the online portion of the contest is not capable of being completed as planned including, but not limited to computer virus, bugs, tampering, technical failures or other causes beyond the control of the Sponsor, the Sponsor reserves the right, in its sole discretion, subject to the approval of the Régie in Quebec, to cancel, modify or suspend this Contest or the online portion of the Contest for any reason at any time without notice.
Any litigation respecting the conduct or organization of the Contest may be submitted to the Régie 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. In the event that there is a discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.