TERMS & CONDITIONS
PLEASE READ CAREFULLY.
These are the full Terms and Conditions governing the 2019 Milk Rewards Program (the “Program”). These Terms and Conditions (the “Terms”) incorporate and include all Program Rules and Regulations, guidelines and policies of the contest sponsor (collectively, “Rules”). By participating in the Program you agree to by bound by all of these Terms and Conditions and all of the Rules. If you do not agree with any of these Terms and Conditions or any Rules you may not participate in the Program. The Program Sponsor may add, change or update these Terms and any Rules at any time in its sole discretion, and all Program participants will be bound by all such changes and updates immediately on the posting by the Program Sponsor of such changes and updates on the Website (defined below).
The words “Participant” and “you” are used interchangeably to refer to qualifying members of the public who participate in the Program. The term “Program Administrator” means Inventa Sales and Promotions Inc. The “Website” means the Internet website located at or through the URL www. mymilkrewards.ca.
No purchase is necessary to participate in the Program (see Sections C & G below)
A. Overview of the Milk Rewards Program
The Program is sponsored by the BC Dairy Association (the “Program Sponsor”), and individuals can participate in a variety of ways. Qualifying members of the public can participate in the Program and collect points by:
- a) 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
- b) 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). Participants may redeem their points for merchandise or other items of value, or use their points for other purposes as described below. Scratch cards, codes, and Rewards points have no cash, monetary, or other financial value.
The Program will run from 12:00:00 AM (PST) September 23, 2019 to 11:59:59 PM December 1, 2019 inclusive (the “Promotion Period”). There are the following number of prizes in the Program with the following approximate values and odds of winning:
- a) One (1) grand prize of a Travel Experience to one of three theme parks in Canada (MRV up to $5,000.00). Theme park options to choose from are PNE in Vancouver, Canada’s Wonderland in Toronto, and Six Flags La Ronde in Montreal. Odds of winning depend on the number of eligible entries received. There will be 1 winner out of all eligible entries.
- b) 311 prizes in the general rewards program, valued at approximately $16,900.00. The odds of winning this category depends on the total number of eligible entries received, being 311 out of the total number of such entries.
- c) Instant Scratch and Win: 75,000 x 237 ml Free Milk prizes (each valued at approximately $0.85). The chances of winning this prize are approximately 1/5.
- d) There are a total of 375,000 Milk Rewards Scratch Cards eligible to be issued, containing a total of 1,646,250 points available to be issued. In addition to entries into the Rewards Sweepstakes there are a total of 311 prizes to be redeemed for Rewards through Rewards Catalogue worth a collective 38,910 points.
Scratch Cards, codes, and Rewards points have no cash, monetary, or other financial value. One scratch card will be issued to each purchaser of a fluid milk product through participating food service locations in British Columbia during the Promotion Period, or through no purchase entry detailed in these Terms and Conditions, while supplies last. Scratch cards may be distributed with products bought through vending machines and/or organized school milk programs with prior written consent from the Program Administrator.
B. Policies & Guidelines
The Program Sponsor is entitled, in its sole unfettered discretion, to implement, enact, add-to, remove from, update or change any policies or guidelines relating to the Program (collectively, “Policies”). Policies may include, without limitation, policies or guidelines relating to personal information and privacy, communications, data retention or management, inventory management, or any other aspect relating to the Program. All Policies are incorporated into these Terms and all Participants agree to be fully bound by all such Policies and all changes, additions and updates to all Polices in accordance with these Terms.
You specifically consent to the collection and use of your personal information in accordance with our applicable Policy relating to privacy.
1. There is no purchase necessary to participate in the Program. Scratch and win prize cards are available free of charge from participating retail locations. Online participation in the Program is available through the Website and requires a computer or similar device with an active Internet connection.
2. All prizes are subject to the successful answer by the Participant of a skill-testing question and compliance with all other applicable terms and conditions.
3. The Program is open only to legal and/or temporary residents of British Columbia who, as of September 22, 2019 (the “Qualifying Date”) have reached the age of majority in the Province of British Columbia or who, as of the Qualifying Date, 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 or legal guardian shall be bound by these Terms.
4. All Participants agree to promptly provide, upon request at any time and on any number of occasions, to the Program Sponsor or Program Administrator, as the case may be, valid and satisfactory proof of eligibility relating to any eligibility criteria. Failure to do so may, at the sole option of the Program Administrator, disqualify any Participant from participation in the Program.
5. Either of the Program Sponsor or the Program Administrator shall be entitled, in their sole and unhindered discretion, to audit, review, or otherwise investigate any information, documents, or materials submitted by any Participant (or parent or legal guardian of such Participant) in respect of the Program. Further, either the Program Sponsor or the Program Administrator may, for any reason in their sole discretion and without any obligation to do so, contact any Participant (or parent or legal guardian of such Participant) for the purpose of verifying his/her: (a) agreement to be legally bound by these Terms; (b) compliance with these Terms; (c) consent to participate in any aspect of the Program; (d) personal information necessary for the fulfillment of a Reward or prize if applicable; (e) acceptance of any releases necessary for the fulfillment of a Reward or prize if applicable; (f) ability to answer any skill testing question or otherwise exhibit any required skill; or (g) any other reason relating to these Terms or the Program. Any failure to fully comply with any Terms or Rules may result in disqualification and removal from the Program.
6. Employees, officers, directors, shareholders, partners, contractors, and other Participants 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 such Program Parties are not eligible to enter the Program. The phrase “Immediate family members” includes husband, wife, spouse, mother, father, brother, sister, son, and/or daughter, whether or not they reside in the same household.
7. In the event someone who is ineligible to participate attempts to claims a Reward or prize, the Program Administrator and/or the Program Sponsor reserve the right to deny or reclaim the Reward or prize and return it to the Milk Rewards Program catalogue. In such event, all Participants agree to promptly and fully cooperate with any reasonable request of the Program Sponsor or Program Administrator.
8. The Program Sponsor reserves the right to disqualify any entrant or person if he/she enters the Program or tries to do so by any means contrary to these Terms, which would be unfair to other entrants, or where Program entries are generated by any mechanical or automated means. Entry materials which have been tampered with, reproduced, falsified, or altered are void. In the event of any dispute concerning the operation of any element of the Program or these Terms. Any decision of the Program Sponsor regarding an entrant’s disqualification under this paragraph will be final.
9. All Prizes must be accepted “as is” and must not be exchanged for an amount of money, bartered, sold, raffled, substituted, or transferred, and are non-refundable. In the event that any stated Prizes are unavailable due to reasons beyond the control of the Program Sponsor or otherwise determined not to be in the best interest of the Program Sponsor or Program Administrator, a prize of equivalent or greater value will be available, or the Program Sponsor, in its sole option, may award the winner the equivalent monetary value in lieu of a Prize. Prizes will be delivered only to confirmed winners in accordance with these Terms.
10. Currency is in Canadian dollars unless otherwise stipulated.
11. Refusal by any winner to accept any Prize fully and forever releases the Program Entities of all responsibility and obligations toward the winner in respect of such Prize. In no event shall the Program Sponsor be required to award more Prizes than are described in these Rules or to award prizes otherwise than in strict compliance with these Rules.
12. Before receiving any prizes as a result of the Program, all winning Participants (or, as applicable, the parent or legal guardian of such Participants) will be required to provide the following:
- i. The correct answer(s) to the applicable skill testing question(s);
- ii. Verification of Program eligibility, if requested by the Program Sponsor, in the form required by the Program Sponsor;
- iii. Properly executed discharge, release, and waiver of claims documents as required by the Program Sponsor in the form(s) required by the Program Sponsor; and
- iv. Any other documents, instruments, material, or information requested by the Program Sponsor at the time and reasonably required to verify the Participant’s compliance with these Terms.
D. Duration of Program
1. The Program is scheduled to run during 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.
2. Codes may be entered on www.MyMilkRewards.ca (the “Website”) and Participants will be able to redeem points at any time during the Program Period. Participants can collect points by the methods set forth in Section E below.
E. Participation in the Program
1. Qualifying individuals can visit the Website and follow the links and instructions to complete the process of becoming a Milk Rewards Participant. 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 Participant. An individual must have access to a computer or similar device with an active internet connection, a unique, valid email address, and otherwise comply with all eligibility conditions to become a Participant.
2. Limit: 1 Account per individual, under all circumstances. Do not create a new Account if you are already a Milk Rewards Participant. Any person attempting to register with multiple accounts may, in the sole discretion of the Program Sponsor or Program Administrator, be disqualified from all participation in the Program. Use (or attempted use) of multiple names, identities, email addresses, computer generated entries, any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in, interfere with, or disrupt the Program and its operation is prohibited and is grounds for disqualification by the Program Sponsor or Program Administrator, legal action, and/or removal from the Program.
3. 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 Participant. If a Participant 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 Participant 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 Participant's eligibility to win, and/or to lock the Participant'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 the Program or any future programs offered by the Program Sponsor. 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.
4. Your Registration (and, corresponding Entry/Entries) will be rejected if (in the sole and absolute discretion of the Program Sponsor or Program Administrator) the registration form is not fully complete, is not submitted and received during the Promotion Period, the Codes or scratch cards were obtained in violation of the Program Terms and Conditions, or for any other reason making it ineligible under these Rules.
5. Acceptance of a Prize constitutes permission from the Participant for the Program Entities to use winners’ names, locations of residence, likenesses, and biographical materials for purposes of advertising and publicity in any and all media and languages now known or hereafter discovered throughout the universe (physical and virtual) in perpetuity, without further compensation, notification, or permission, unless prohibited by law.
6. All information requested by any Program Entities and supplied by Participants must be truthful, accurate, and in no way misleading. The Program Sponsor reserves the right to disqualify any Participant from the Program in its sole discretion if the Participant at any time provides untruthful, inaccurate, or misleading details and/or information or should the entrant be ineligible to participate or otherwise disqualified from participation in the Program pursuant to these Terms.
F. Code Entry and Point Collection
1. Participants may collect points by entering codes found on Milk Rewards scratch cards and entering them on the Website. Milk Rewards scratch cards are available by purchasing milk at participating retail locations while supplies last or otherwise issued through the no purchase participation process described in these Terms. Scratch cards may also become available through other methods and channels as may be added by the Program Sponsor in its sole discretion during the Program Period. Scratch cards may be distributed with products bought through vending machines and/or organized school milk programs with prior written consent from the Program Administrator.
2. Scratch the scratch area to reveal the code 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. You can redeem accumulated points to receive prizes listed at the Website in its Reward Catalogue.
4. The Program Sponsor reserves the right to:
- a. change, add, or remove the methods by which you can collect points; or
- b. replace and substitute any reward item shown in the Reward Catalogue with a similar product or service of equal or greater retail value.
5. Codes can only be used one time, unless otherwise specified.
6. Limit: Participants may enter no more than three (3) codes per day in their Account with a maximum of 15 codes per week (a ‘week’ being the period of time beginning at 12:00 am on Monday and ending at 11:59 pm the following Sunday).
7. All codes, scratch cards, and other contest materials must, unless otherwise noted by the Program Sponsor or Program Administrator, be obtained directly from the Program Sponsor, Program Administrator, or from authorized third parties. 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 unauthorized 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 Participants in the Program. No individual or company, association, or group shall direct, encourage, or allow any persons 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 disqualification from the Program and forfeiture of all points in the Participant’s Account. The Program Sponsor reserves the right to take any action it deems appropriate, in its sole discretion, in the event of any reasonable indication that any Participant has violated any of these terms and conditions.
8. Once a Participant 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 Terms and through channels that are properly authorized by the Program Sponsor; (b) any part of the code or the item on which it is printed is counterfeit, altered, reproduced, defective, tampered with, or irregular in anyway; 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 Terms and the objectives of the Program. Valid points will appear in the Participant’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.
9. If a Participant believes that points were not properly accrued to his/her Account, the Participant 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 1, 2019 regardless of the date the code was entered.
10. Please retain the original scratch card point code 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 Participant in compliance with these Terms. In its sole discretion, the Program Sponsor reserves the right to reverse points previously credited to a Participant’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.
11. Participants 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.
G. No Purchase Necessary
1. In order to obtain a scratch card without purchase, handwrite 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 (if applicable) and mail it along with a self-addressed stamped envelope with sufficient return postage to:
Milk Rewards No Purchase Entry
INVENTA SALES AND PROMOTIONS
210 – 1401 West 8th avenue
Vancouver, BC V6H 1C9
2. Submissions must be original, not duplicated and be received before 5:00:00 PM PST November 18, 2019. Limit one essay and self-addressed stamped envelope per submission. A randomly chosen scratch card will be returned to you, allowing you to participate in the Program, while supplies of scratch cards last.
3. Program Sponsor and Program Administrator are not responsible for any failure of the scratch card to reach the no purchase entry participants. Scratch cards will be deemed to be delivered to the no purchase entry participant on the SIXTH (6th) business day following the card being posted in the self-addressed stamped envelope provided by the no purchase entry participant.
H. Point Redemption
1. Participants may redeem their points for merchandise or other items of value listed on the Website in the applicable “Rewards Catalogue” (collectively, “Rewards”) for which he or she has obtained the necessary number of rewards points. The Website will list the corresponding point values required to be redeemed for each item in the Rewards Catalogue. Each Participant 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 applicable requirements specified on the Website.
2. The Program Sponsor reserves the right in its sole discretion to limit the quantity of items a Participant 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 Participant may choose any item still available in the Rewards Catalogue for which he/she has accumulated sufficient points for redemption, then he/she must click on the image corresponding to the item and follow the links and instructions to complete the redemption process. All rewards will be delivered to participants as described at the Website.
4. Each Participant is responsible for ensuring the accuracy of his/her information. Each Participant is responsible for ensuring that the email address, name, and the mailing address associated with his/her Account are accurate and up to date. Neither the Program Sponsor, nor the Program Administrator is responsible for non-receipt of a prize or Reward that was sent to the email address or the mailing address listed in the Participant's Account. Changes to a Participant's information may only be made by the Participant (or a legal representative of the Participant). Neither the Program Sponsor, nor the Program Administrator is responsible for any incorrect or inaccurate information supplied by any Participant participating in the Program. Any questions relating to the Program may be addressed to email@example.com.
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. Participants may redeem points in the manner described at the Website until December 1, 2019, 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 Participants Accounts as well as all unclaimed, un-entered, uncollected, or otherwise unused points shall become invalid and incapable of redemption. If at that time there are unclaimed items remaining in the Rewards Catalogue, the Program Sponsor (or Program Administrator as the case may be) reserves the right in its sole discretion to deal with them in any manner it chooses, including (without limitation) disposing or otherwise dealing with such items.
I. Instant Win
1. There will be a total of 75,000 Free Milk prizes available to be won instantly during the Promotion Period. Scratch the instant win play area on your scratch card (obtained pursuant to these Terms), and if the text ‘CONGRATULATIONS! YOU’VE WON’ is revealed under the scratch area, and if you comply with these Rules and answer the skill-testing question correctly (without mechanical or other aid), and follow the directions on how to redeem the prize, you are eligible to win a Prize. Free Milk prizes will be distributed in participating locations and must be claimed no later than November 29, 2019 (subject to the hours of participating location distributing any particular Prize). Prizes may not be exactly as shown. Prizes must be accepted as awarded, without substitution or transfer and cannot be converted into cash. The Program Sponsor and Program Administrator reserve the right to substitute a prize with one of equal or greater value for any reason.
J. Grand Prize – Winner Selection and Notification
1. A total of one (1) eligible entrant will be randomly selected from all eligible Entries received during the Promotion Period as the ‘Grand Prize’ winner. The random draw will be conducted in Vancouver, British Columbia at approximately 10:00 a.m. (PST) on December 6, 2019 (the “Draw Date”) or at such other time as determined by the Program Sponsor in its sole discretion.
2. The Program Sponsor, Program Administrator, or a designated representative will make a minimum of three (3) attempts to contact the selected entrant by email (using the information provided at the time of entry) within five (5) business days of the Draw Date. If the selected entrant cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable, the selected entrant will be disqualified (and will forfeit all rights to the Prize(s)) and the Program Sponsor and Program Administrator reserve the right, in either of their sole, unhindered, and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the provisions of this section shall apply to such newly selected entrant).
K. Additional Terms
1. BEFORE BEING DECLARED A CONFIRMED ONLINE SWEEPSTAKES (GRAND PRIZE) PRIZE WINNER, the selected entrant will be required to:
- a. correctly answer a skill-testing without mechanical or other aid; and
- b. sign (and if he/she is under the age of majority in the Province of British Columbia, have his/her parent or legal guardian sign) and return within five (5) business days of notification the appropriate declaration and release form and any other documents or instruments required by the Program Sponsor, which (among other things):
- i. confirms compliance with these Rules;
- ii. acknowledges acceptance of the Prize as awarded;
- iii. releases the Program Entities (defined below) from any and all liability in connection with the Program, the entrant’s participation therein and/or the awarding, accuracy, and use/misuse of the Prize or any portion thereof by the entrant and, if applicable, their respective parents or legal guardians, or others; and
- iv. Confirms any other status or information required by the Program Sponsor in accordance with these Terms.
2. All Participants who win any Prize agree to the publication, reproduction and/or other use of the Participant’s name, city and province of residence, voice, statements about the Program and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Program Sponsor in any manner whatsoever, including print, broadcast, transmission through social media or other online or internet based communication modes, in any technology, means, media, medium, or language now known or hereafter discovered, throughout the universe (physical and virtual), and in perpetuity.
3. If the selected entrant:
- a. fails to correctly answer the skill-testing question;
- b. fails to return the properly executed Program documents (including without limitation the documents in the foregoing paragraph as well as others identified or referenced directly or indirectly in these Terms) within the specified time; and/or
- c. cannot themselves or through a parent or legal guardian, accept the Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Program Sponsor or Program Administrator reserve the right, in either of their sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
4. The Program Entities are not responsible for late, lost, misdirected, delayed, incomplete or incompatible registrations or entries (in any format), all of which are void and incapable of winning any Prize.
5. In the event a confirmed Grand Prize winner is under the age of majority in the province of British Columbia, one (1) designated travel companion traveling with the Grand Prize winner must be a parent or legal guardian of the Grand Prize winner who permanently resides with the Grand Prize winner.
6. All travel companions travelling with any Grand Prize winner on any trip associated with any Prize will be required to sign and deliver to the Program Administrator the documents described in subsection K(1) with references to the ‘entrant’ or Participant being deemed to be references to the travel companions.
Modifications and Termination of the Program
7. The Program Sponsor reserves the right to add to, remove, or otherwise modify any of these Terms or Policies (defined below) or other aspects of the Program in any way and at any time on any number of occasions in its sole discretion on written notice to Participants. Without limiting the preceding, the Program Sponsor is entitled at any time to change (among others) the duration of the Program Period, methods by which Participants may participate in the Program, or any other aspect of the Program, despite that any such changes may affect a Participant's ability to accrue or redeem points.
8. Written notice to Participants for all purposes relating to the Program may be in the form of email, updates published on the Website, or any similar means through which a Participant may reasonably be expected to receive or view written information relating to the Program in accordance with these Terms. All Participants agree to regularly review the Website and read all Terms or Policies published there and that all such Terms and Policies and all changes and additions thereto shall be binding on the Participant immediately on publication on the Website.
9. The Program Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, on written notice to Participants, even though any such termination or suspension may affect a Participant's ability to accrue or redeem points. In the event of an early termination, Participants will have thirty (30) days from the date the Program termination is announced to claim any unclaimed Rewards and/or prizes. A Participant's continued participation in the Program after written notice of any changes has been provided by the Program Sponsor (or Program Administrator as the case may be) constitutes the Participant's full acceptance of any and all such changes. Participants 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.
L. General Program Terms
2. The Program Sponsor reserves the right to discontinue the participation privileges of any Participant 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 Participant, 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 Participant 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 Participant's compliance with these Program Terms will be resolved by the Program Sponsor in its sole discretion. Questions relating to eligibility, collecting, redemption, or compliance may be directed to firstname.lastname@example.org.
5 Participants and (in the case of the Grand Prize) and travel companions (including, without limitation, parents or guardians) are responsible for the payment of all applicable taxes or fees, and other costs or expenses of any nature if any, beyond the Prizes themselves as described in these Terms unless otherwise explicitly set out in these Terms.
6. Scratch cards, codes, and Rewards points have no cash, monetary, or other financial value.
M. Limitation of Liability
1. Neither the Program Sponsor nor the Program Administrator shall be 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 Participant, 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 any way relating to the Program or its implementation.
2. In the event of any printing errors on scratch and win cards, on the Website, or on any other material furnished as part of the Program, absolutely none of the Program Entities (defined below) shall have liability whatsoever. “Program Entities” means the Program Sponsor, Program Administrator (and their respective representatives, employees, officers, and subcontractors), and any person or entity affiliated with or engaged by either the Program Sponsor or Program Administrator to assist in the Program. Without limiting the generality of the foregoing, Program Entities include applicable 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.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE PROGRAM ENTITIES BE LIABLE TO THE PARTICIPANT OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE PROGRAM OR THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM OR ARISING OUT OF MERCHANDISE, OPPORTUNITIES, EVENTS OR PRIZES OFFERED THROUGH THE PROGRAM. THE PROGRAM ENTITIES, SHALL NOT BE RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED OR DELIVERED AS PART OF THE PROGRAM OR BY ANY THIRD PARTY.
4. In the event that the Participant seeks any redress against ANY Program Entities for any claim not otherwise prohibited under these Terms, the Participant shall be conclusively barred from (and does hereby fully waive the right of) bringing such claim after 180 days from the date on which the circumstances giving rise to such claim occurred.
5. The Program Entities make no representations or warranties of any nature. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE PROGRAM SPONSOR AND PROGRAM ADMINISTRATOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED OR FURNISHED AS PART OF THE PROGRAM, 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 Participant agrees that any applicable manufacturer's warranties, if any, for any prizes or Rewards provided through the Program shall be fully sufficient recourse in respect of any defects or problems and they shall not seek any such recourse from any of the Program Entities.
6. As a condition for entering the Program, each and every Participant agrees that:
- a. any and all disputes, claims, and causes of action arising out of or connected with the 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 to be conducted confidentially, in the Province of British Columbia, and in accordance with the Arbitration Act (British Columbia [RSBC 1996] CHAPTER 55) as amended or its successor legislation. Arbitration will take place in Vancouver, British Columbia, Canada;
- b. 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 Participant be permitted to seek recovery for, and Participant 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.
7. By entering the Program, Participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Participant’s rights and obligations, or the rights and obligations of the Program Sponsor or Program Administrator in connection with the Program, shall irrevocably be governed and construed solely and exclusively in accordance with the laws of British Columbia and the laws of Canada with application there.
8. The Terms constitute the entire agreement between Program Participants 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.
9. Any participants and Program Participants agree that they have had the opportunity to and have sought independent legal advice relating to the Terms or have waived such right at their sole and unhindered discretion. Section heads are for convenience of reference only and are not part of this Agreement. If any provision of the Terms is found to be unenforceable or invalid for any reason by a court or tribunal of competent jurisdiction, including but not limited to any conflict with any overriding provision of any applicable law or regulation, the Terms shall be constructed as if such offending provision had been reduced in its application or deleted to the extent necessary for compliance with the same applicable law or regulation, and all other provisions of the Terms continued in full force and effect.