PROGRAM TERMS & CONDITIONS
PROGRAM TERMS & CONDITIONS
(Updated September 20, 2017)
PLEASE READ CAREFULLY.
By participating, you agree to the following Terms & Conditions as well as the Contest Rules and Regulations as relate to the Grand Prize Sweepstakes and the Rewards Sweepstakes, as well as the Rules and Regulations for all aspects of this Program, the Rewards Program Rules and Regulations, and any Privacy Policies and Terms and Conditions associated with the Contest which may be in place from time to time (the “Terms”) governing the Milk Rewards Program, including any changes that are made from time to time at the unhindered discretion of the Program Sponsor and Program Administrator (as the terms are defined below). The date above indicates the date of the most recent change in the Terms.
A. Overview of the Milk Rewards Program
The Milk Rewards Program (the "Program") is a program sponsored by BC Dairy Association, Alberta Milk, and Saskatchewan Milk Marketing Board (SaskMilk), collectively the “Program Sponsor” in which individuals can participate in a variety of ways. Members of the Program (“Members”) can participate in the Program and collect points by purchasing milk and entering the code found on a Milk Rewards scratch card distributed at participating locations or issued through the no purchase participation process as set forth in Section F below, or through other methods as may be added from time to time, while supplies of the scratch cards last and during the Program Period (as defined below). Members may redeem their points for merchandise or other items of value, redeem their points for sweepstakes entry, or use their points for other purposes as described below. Scratch Cards, codes, and Rewards points have no cash, monetary, or other financial value.
This program is open to legal and/or temporary residents of British Columbia, Alberta, and Saskatchewan who, as of September 25, 2017, have reached the age of majority in their respective provinces/territories of residence or who are under the age of majority but at least THIRTEEN (13) years of age (“Youth”) and have their parent or legal guardian’s consent and acknowledgement that both the Youth and the parent/guardian shall be bound by these Terms. Any correspondence relating to compliance with these Terms, or an entry submitted by an individual who is under the age of majority in his/her province of residence will be directed to his/her parent/legal guardian.
The Program Sponsor and Program Administrator (The Activation Group Inc.) reserve the right, in either of their sole and unhindered discretion, to audit and at any time or for any reason contact the parent or legal guardian of a Member for the purpose of verifying his/her: (a) agreement to be legally bound by these Terms on their, and the Member’s behalf; (b) compliance with these Terms; (c) their consent to the Member’s participation in the Program; (d) personal information necessary for the fulfillment of a reward or prize if applicable; (e) the acceptance of any releases necessary for the fulfillment of a reward or prize if applicable; and (f) any other reason relating to the Terms or the Program. The failure of an applicable Member’s parent or legal guardian to complete any such required verification to the complete satisfaction of the Program Sponsor and Program Administrator in their sole and unhindered discretion may result in disqualification of the applicable Member.
Employees, officers, directors, shareholders, partners, contractors, and other members or representatives of the Program Sponsor and Program Administrator, and their respective, affiliates, subsidiaries, advertising and Program agencies, participating dairies, promotional partner companies (collectively, “Program Parties”), and the immediate family members, and persons residing with any of the above are not eligible to enter. For the purposes of these Terms, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son, and/or daughter, whether or not they reside in the same household.
In the event someone who is ineligible to participate claims a reward or prize, the Program Administrator and/or Program Sponsor reserve the right to reclaim the reward or prize and return it to the Milk Rewards Program catalogue and/or award it to a randomly selected eligible Milk Rewards Program Member.
All Members must follow and abide by the Terms provided for or referenced herein.
The Program Sponsor and Program Administrator reserve the right to ask for proof of age and residence from any Member.
C. Duration of Program
The Program begins at 12:00:01 a.m. Pacific Standard Time ("PST") on September 25, 2017 and is scheduled to end at 11:59:59 p.m. PST on December 3, 2017 (the "Program Period"), but the Program Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. Codes may be entered on www.MyMilkRewards.ca (the “Website”) and Members will be able to redeem points at any time during the Program Period as set forth in Section H below. Members can collect points by the methods set forth in Section E below.
D. Enrolling in the Program
How to Become a Milk Rewards Member:
If you are an individual who is 13 years of age or older and you meet the other eligibility requirements stated in these Terms, visit www.MyMilkRewards.ca and follow the links and instructions to complete the process of becoming a Milk Rewards Member. In the process, you will create an Account. You can click on "LOG IN" and follow the onscreen instructions to accept the Program Terms to become a Member. An individual must have access to a computer or similar device with an active internet connection and a unique, valid email address to become a Milk Rewards Member.
Limit: 1 Account per individual, under all circumstances. Do not create a new Account if you are already a Milk Rewards Member. The person who is the authorized email account holder of the email address indicated when registering must provide his or her date of birth information when registering for an Account and will be deemed to be the Member. If a Member is eligible for any reward or prize, or for any physical reward or other item, he or she will need to have a valid physical address linked to his or her Account. If a Member does not provide a physical address when required, or if his or her email address is deemed to be invalid, the Program Sponsor reserves the right not to fulfill the reward, prize, or other item, to invalidate the Member's eligibility to win, and/or to lock the Member's Account, in the Program Sponsor’s sole discretion. Any attempt by any individual to exceed any specified limits by using multiple/different Accounts, email addresses, identities, registrations and logins, or any other methods will void that individual’s entries, rewards, and/or prizes and that individual may be disqualified from participating in any of the Program Sponsor’s Programs or programs. If your name, email address, date of birth, and/or address information on your Account are not accurate, you may not be eligible to participate, claim a reward or win a prize. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries, rewards, and/or status for that individual.
E. Code Entry and Point Collection:
1. Program Members may collect points by purchasing milk and entering codes found on Milk Rewards scratch cards distributed at participating locations while supplies last, or issued through the no purchase participation process as set forth in Section F below, or through other methods as may be added from time to time, during the Program Period including but not limited to, bonus points. One scratch card will be issued to each purchaser of a fluid milk product through participating food service locations in British Columbia, Alberta and Saskatchewan during the promotion period, while supplies last. This may exclude products bought through vending machines and/or organized school milk program.
2. Scratch the scratch area to reveal the code and point value on the Milk Rewards Scratch Card. Visit the Website during the Program Period and follow the links and instructions to either register or log in and enter codes one at a time in the "ENTER CODE" box.
3. Your Account will be credited with the points you have collected. The Program Sponsor reserves the right to change, add, or remove the methods by which you can collect points.
4. The Program Sponsor reserves the right to substitute any Catalogue Reward with a similar product or service of equal or greater retail value. There are a total of 1,000,000 Milk Rewards Scratch Cards eligible to be issued, containing a total of 4,390,000 points available to be issued. In addition to entries into the Rewards Sweepstakes there are a total of 1,820 prizes to be redeemed for Rewards through Rewards Catalogue worth a collective 187,920 points. The Rewards Sweepstakes consists of three (3) separate sweepstakes, each consisting of five (5) prizes, the odds of winning in each of the Rewards Sweepstakes depend on the number of valid entries redeemed through the Rewards Catalogue.
5. Codes can only be used one time, unless otherwise specified. Limit: Members may enter no more than three (3) codes per day in their Account. For purposes of this limit, a day is defined as beginning at 12:00:00 a.m. and ending at 11:59:59 p.m.
6. It is a violation of the Program for anyone to steal codes or scratch cards, to purchase or otherwise acquire codes or scratch cards from third parties, to combine or otherwise enter codes obtained by others for deposit into a single Account, and/or to transfer or sell codes or scratch cards under any circumstance, other than in programs authorized by the Program Sponsor. Furthermore, corporations, associations or other groups are not permitted to be Members in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use. Any attempt to combine or transfer codes or points may result in that Member’s disqualification from the Program and forfeiture of all points in the Member’s Account. The Program Sponsor reserves the right to take any action it deems appropriate, in its sole discretion, in the event that it believes (in its sole and unhindered discretion) that any Member has violated any of these provisions.
7. Once a Member inputs a code, the validation of the code and potential points or other value earned for the code will be subject to verification. Points will not be awarded until after the verification process is complete. Codes are void if (a) they are not obtained in accordance with these Program Terms and through legitimate channels; (b) any part of the code or the item on which it is printed is counterfeit, altered, reproduced, defective, tampered with, or irregular in any way; or (c) they are obtained as the result of a sale or transfer which the Program Sponsor, in its sole discretion, determines is in violation of these Program Terms and the objectives of the Program. Valid points will appear in the Member’s Account immediately after verification is complete. If additional time is needed for any reason, the Program Sponsor reserves the right in its sole discretion to award points up to five (5) days after verification is complete.
8. If a Member believes that points were not properly accrued to his/her Account, the Member must notify The Program Administrator by contacting firstname.lastname@example.org within seven (7) days of the date the code was entered and no later than 11:59:59 p.m. PST on December 3, 2017 regardless of the date the code was entered.
9. Please retain the original code and receipt from the purchase of the associated Milk product if applicable, for your records, as they may be required for verification. All codes submitted are subject to verification in the sole, unhindered, and absolute discretion of the Program Sponsor. The Program Sponsor further reserves the right to request proof that the code was obtained by the Member in compliance with these Program Terms. In its sole discretion, the Program Sponsor reserves the right to reverse points previously credited to a Member’s Account or other value obtained from a code, if, upon the Program Sponsor’s request, a Code or Codes cannot be properly verified, or if it is determined that the Code or Codes were not obtained in accordance with these Program Terms and through legitimate channels. The Program Sponsor’s decisions regarding the awarding and/or reversing of points are final and binding.
10. Members may collect points by any of the methods permitted above during the Program Period, as that period may be extended, shortened, or otherwise modified from time to time by the Program Sponsor at their sole and unhindered discretion.
11. Each code may be used only one time within the Program.
F. No Purchase Necessary
In order to obtain one (1) point code without purchase, while supplies last, type a unique and original (no facsimiles or other reproductions) 25 word essay about “why you love milk”. Include your name, address and the name of the school or post-secondary institution where you attend and e-mail it to: email@example.com with ‘No Purchase Entry’ as the email subject.
Submissions must be original, not duplicated and be received before 5:00:00 PM EST November 29, 2017. Limit one email submission per participant per day. Limit one essay per email submission. A randomly chosen code will be returned to you via email, allowing you to participate in the contest, while supplies of codes last.
Contest Sponsor and Contest Administrator are not responsible for any failure of the code to reach the no purchase entry participants. Codes will be deemed to be delivered within 24 hours following the email containing the code being sent to the no purchase entry participant.
G. Point Redemption:
1. Members may redeem their points for merchandise, Reward Sweepstakes entries, other items of value (all, “Rewards”) listed in the applicable “Rewards Catalogue” for which he or she has obtained the necessary point level. The Website will list the corresponding point values required to be redeemed for each item. Each Member must comply with any individual Reward limitations indicated on the Website. The items listed in the Rewards Catalogue will fluctuate as available items are redeemed. The Program Sponsor reserves the right to modify the point value(s) for Rewards and the point level required for individual Rewards, at any time and for any reason, during the Program Period. All redemptions are subject to these Terms and all limitations and/or requirements specified on the Website. Reward Sweepstakes entries are also subject to the Reward Sweepstakes Rules and Regulations which are included by reference in these Terms.
2. The Contest Sponsor reserves the right in its sole discretion to limit the quantity of items a Member redeems, at any time and for any reason, during the Program Period.
3. To spend/redeem points, navigate through the items listed in the Rewards Catalogue on the Website. A Member may choose any item still available in the Rewards Catalogue for which he or she has accumulated sufficient points for redemption, then he or she must click on the image corresponding to the item and follow the links and instructions to complete the redemption process. As part of the redemption process, the Member will receive a confirmation email and, when applicable, an email containing the actual item redeemed in the form of a digital code, coupon, etc. Emails will be sent to the email address assigned to the Member’s Account.
4. Each Member is responsible for ensuring the accuracy of his/her information. Each Member is responsible for ensuring that the email address, name, and the mailing address associated with his/her Account are accurate and up to date. Niether the Program Sponsor, nor the Program Administrator is responsible for non-receipt of a prize or reward that was shipped to the email address or the mailing address listed in the Member's Settings. Changes to a Member's information may only be made by the Member. Niether the Program Sponsor, nor the Program Administrator is responsible for any incorrect or inaccurate information supplied by any Member participating in the Program.
5. All point redemptions are final. No refunds, exchanges and/or other requests with respect to point redemption will be considered. Warranty requests regarding the product redeemed are governed by the vendor’s terms and conditions applicable to the item and are not the responsibility of the Program Sponsor or the Program Administrator.
6. Members may redeem points in the manner set forth above until December 3, 2017, at 11:59:59 p.m. PST, unless shortened, extended, or otherwise modified by the Program Sponsor or Program Administrator.
7. At the end of the Program Period, all remaining points in Members Accounts as well as all unclaimed, un-entered, uncollected, or otherwise unused points shall become invalid. if there are unclaimed items remaining in the rewards catalogue, the Program Sponsor reserves the right in its sole discretion to award these items to Members on the basis of a closing sweepstakes or otherwise.
H. Modifications and Termination of the Program
The Program Sponsor reserves the right to modify any of the Terms or Program details set forth herein, including, but not limited to, the duration of the Program Period, and methods by which Members may participate, at any time, with notice, which may be in the form of email, site updates, or the like, even though these changes may affect a Member's ability to accrue or redeem points. The Program Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect a Member's ability to accrue or redeem points. In the event of an early termination, Members will have thirty (30) days from the date the Program termination is announced to claim any unclaimed rewards and/or prizes. A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Program Terms. Members are responsible for remaining knowledgeable of any changes that the Program Sponsor may make to these Terms. The most current version of these Terms, which will indicate the date they were last updated, will be available on the Website and will supersede all previous versions of these Program Terms.
I. General Program Terms
2. The Program Sponsor reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent or unsportsmanlike activity, (including but not limited to purchasing or bartering for any points, and the like) or uses the Program in a manner inconsistent with these Terms, or with any federal, provincial or local laws, or regulations. Discontinued participation privileges may result in the loss of all accumulated points, rewards, and/or prizes that have not yet been redeemed or utilized, including but not limited to the voiding of digital codes. In addition, the Program Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Program Sponsor reserves the right to rescind points, rewards, and/or prizes that have not yet been redeemed or utilized, even if they have been credited to a Member, which were obtained as a result of fraudulent or unsportsmanlike activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, disconnections in phone lines or network hardware or software related to the Program.
4. Points, rewards, and/or prizes that have not yet been redeemed or utilized are not the property of a Member and may be revoked at any time by the Program Sponsor and/or its partners as set forth herein, and they may not be transferred or assigned, except as specifically permitted by the Program Sponsor from time to time. All questions or disputes regarding eligibility for the Program, collecting or redemption of rewards and/or prizes and/or points or a Member's compliance with these Program Terms will be resolved by the Program Sponsor in its sole discretion.
5. Members are responsible for the payment of all applicable taxes or fees, and other costs if any, which may result from the rewards or prizes received as part of the Program unless otherwise stipulated in the Terms or Rules of the Program.
6. Scratch Cards, codes, and Rewards points have no cash, monetary, or other financial value.
J. Limitation of Liability
1. The Program Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, broadband, fiber optic, satellite, cable, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error, neither the Program Sponsor, Program Administrator, the Program partner companies and the prize suppliers, including, without limitation each of the foregoing entities’ respective parent companies, affiliates, subsidiaries, franchisees and advertising and Program agencies, and all of those entities’ respective officers, directors, employees, shareholders, contractors, agents, representatives, successors, legal representatives, heirs, executors, trustees, transferees and assigns (collectively, the ‘Releasees’) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES (as defined herein) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OR PRIZES OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF THE PROGRAM SPONSOR IMPROPERLY DENIES A MEMBER ANY REWARD OR PRIZE, LIABILITY WILL BE LIMITED TO THE APPROXIMATE RETAIL VALUE OF THE APPLICABLE REWARD OR PRIZE. BY PARTICIPATING IN THE PROGRAM, UNLESS OTHERWISE REQUIRED BY APPLICABLE LEGISLATION, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. THE RELEASEES, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTY, AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY RELATED THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Each Member agrees to rely solely on the manufacturer's warranties, if any, for any prizes or rewards provided through this Program.
2. As a condition of participating in this Program, each Member agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any prizes or rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the courts of Canada. Arbitration will take place in Ontario, Canada; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Member be permitted to seek recovery for, and Member hereby waives all rights to claim, punitive, aggravated, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waives any and all rights to have damages multiplied or otherwise increased.
3. By entering, Members agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Member’s rights and obligations, or the rights and obligations of the Program Sponsor or Releasees in connection with the Program, shall irrevocably be governed and construed solely and exclusively in accordance with the laws of Ontario, Canada, and any matter will irrevocably be brought exclusively before the courts of Canada located in the Province of Ontario.
4. These Program Terms constitute the entire agreement between Program Members and the Program Sponsor and Program Administrator pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Program Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Program Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.