ALLEN’S® “Capture the moment” promotion
1.1 Allen’s® “Capture the moment” Promotion (the “Promotion”) is being held by A. Lassonde Inc. (the “Sponsor”) and managed by 7705425 Canada Corp. (“MyPictureBook”).
2.1 To be eligible to participate in the Promotion, a participant must (i) be a legal resident of a Canadian province or territory; and (ii) have reached the age of majority in his or her province or territory of residence at the time of registration in the Promotion (a “Participant”).
2.2 The Sponsor, its affiliates, their representatives and agents, and the promotion agencies related to the Promotion, their respective employees, as well as any person with whom any such person resides are not eligible to participate in the Promotion.
2.3 The Sponsor may request proof of identity or of eligibility from the Participant (as defined below) to allow the Participant to participate in the Promotion. Failure to provide such proof within a reasonable time may lead to the disqualification of the Participant.
2.4 All information provided to the Sponsor for the purposes of the Promotion must be truthful, accurate and complete. The Sponsor reserves the right to disqualify any Participant whose Participation Ballot (as defined below) contains false, incorrect or incomplete information.
3. Promotion Period
3.1 The Promotion begins on September 1st, 2017 at (the “Promotion Start Date”) and ends on November 30th, 2017 (the “Promotion End Date”). The period between the Promotion Start Date and the Promotion End Date is the Promotion period (the “Promotion Period”). Participants will have until February 28th, 2018 to order a Calendar (as defined below) in accordance with the terms and conditions herein.
4. How to Participate in the Promotion
4.1 To participate in the Promotion, a Participant must:
(a) purchase a specially marked Allen’s® apple juice of 1,89 liters and bearing a promo code (the “Promo Code”) on its label;
(b) go to the Sponsor’s website at WWW.ALLENS.CA/CALENDAR (the “Sponsor’s Website”) and fill in the participation ballot (the “Participation Ballot”) by:
(i) providing his or her full name and e-mail address in the appropriate fields;
(ii) confirming that he or she has reached the age of majority in his or her province or territory of residence by checking the corresponding box;
(iii) indicating whether or not he or she wants to receive news and promotions from Allen’s® by checking the corresponding box;
(iv) typing a Promo Code in the appropriate field;
(v) acknowledging that he or she has read and accepted the terms and conditions of the Promotion (described herein) by checking the corresponding box; and
(vi) clicking on the “Confirm the Code” button.
(c) the Participant will then receive an email from the Sponsor in which the link for MyPictureBook’s website, WWW.MYPICTUREBOOK.CA (the “Promotion Website”), will be provided and to which the Participant will have to go to in order to log on an existing MyPictureBook account or create a new account;
(d) download the free MyPictureBook software available on the Promotion Website as indicated on the Promotion Website and follow the software’s instructions in order to create a 12 months MyPictureBook custom calendar of 8.5” x 11”, having an approximate value of forty eight dollars ($CAD 48.00), excluding applicable taxes and including standard shipping charges (a “Calendar”); and
(e) once a Calendar has been created, place order by adding it to her or his shopping cart on the Promotion Website and type a Promo Code in the appropriate field.
4.2 Limit of two (2) Promo Codes and of two (2) Calendars per postal address, per Participant, per email address and per MyPictureBook account. MyPictureBook will be responsible for standard shipping charges of the Calendars only. Any additional charges for shipping or additional page(s) to the Calendars shall be borne by the Participant.
4.3 In the event of a dispute regarding a Participation Ballot or MyPictureBook account, the Participant will be deemed, (i) in the case of a MyPictureBook account, to be the authorized account holder related to the e-mail address submitted at the time the MyPictureBook account was created or, (ii) in the case of a Participation Ballot, to be the authorized account holder related to the e-mail address submitted at the time the Participation Ballot was validated. For the purpose of these Rules, “authorized account holder” shall mean the physical individual holding the electronic address assigned by an Internet access provider, Internet service provider, or any other organization responsible for assigning electronic addresses for the domain related to such electronic address being linked to the MyPictureBook account or the Participation Ballot at issue. The Participant may be required by the Sponsor to provide proof (in any form deemed to be acceptable by the Sponsor) that he or she is the authorized account holder of the e-mail address indicated on the chosen MyPictureBook account or Participation Ballot.
5. General Conditions
5.1 A Calendar must be accepted as is and without substitution in cash or otherwise, is not transferable and cannot be redeemed for cash, sold or exchanged. Each of the Sponsor and MyPictureBook will in no way be liable for any event which leads to a Calendar being unavailable or for events beyond its control which lead to the Promotion or part of the Promotion not being available or not applied.
5.2 All Participation Ballots are the exclusive property of the Sponsor and will not be returned.
5.3 Any attempt to deliberately damage the Promotion Website, the Sponsor’s Website or any related website or hinder the legitimacy of the Promotion process constitutes a violation of civil and criminal laws. In such a case, each of the Sponsor and of MyPictureBook has the right to initiate legal proceedings and claim damages to the extent permitted by law, including initiating criminal proceedings.
5.4 The Calendar orders are subject to verification and will be declared invalid if they are received after February 28, 2018 or if they are inegible, incomplete, mechanically reproduced, damaged, tampered with, falsified or altered in any way.
5.5 In the case of a discrepancy between the French version and the English version of these Rules, the French version will take precedence.
6. Indemnification by Participant
6.1 By entering or attempting to enter the Promotion each Participant or potential participant agrees to:
(a) forever exonerate, release and hold harmless the Sponsor and its administrators, directors, employees, shareholders, agents and other representatives, its parent-company and its affiliates from any and all claims, actions, damages, demands, courses of action, causes of actions, or responsibility of any kind whatsoever resulting from or related to the participation or attempted participation in the Promotion, the compliance or non-compliance with these Rules and for any default by MyPictureBook to comply with these Rules; and
(b) completely indemnify each of the Sponsor and MyPictureBook and its administrators, directors, employees, parent companies, affiliates, partners, suppliers, sponsors and agents for any third party claims related to this Promotion or to any violation of these Rules by the Participant or any activity related to a Promotion, without limitation.
7.1 By entering the Promotion, the Participant agrees to be bound by these Rules, which are available on the Sponsor’s Website during the Promotion Period. The Participant further accepts to comply with the Sponsor’s and MyPictureBook’ decision, which is final.
7.2 The Sponsor and MyPictureBook reserve the right, at their sole discretion, to disqualify, and exclude from any Promotion or future promotion offered by the Sponsor or MyPictureBook, a Participant who:
(a) violates these Rules;
(b) alters or attempts to alter the participation process or the operation of the Promotion Website, of the Sponsor’s Website or any website related to the Promotion; or
(c) acts in a disruptive manner or has the intention to disrupt, abuse, threaten or harass another person.
8. Limitation of Liability
8.1 Without limiting the generality of the exoneration set forth in Section 6.1, it is understood that the Sponsor and any organization participating in the management of the Promotion and their respective representatives and employees, will not be responsible: (i) for the participation or attempted participation in the Promotion, (ii) for Participation Ballots (received or not); (iii) for MyPictureBook accounts held by Participants (whether these accounts were created or not for the Promotion); (iv) for any information which is insufficient or incorrect related to the users of the Sponsor’s Website of the Promotion Website or of the equipment or program used in the context of the Promotion, or of a technical or human error which could occur when the Participation Ballots are being processed; (v) for Participation Ballots that are stolen, destroyed, accessed without authorization or altered; (vi) for problems or technical malfunction related to networks, telephone lines, online computer systems, servers or access providers, computer equipment and software, viruses or bugs; (vii) for the Sponsor or MyPictureBook not being able to receive or send an electronic message or email, for any reason whatsoever, including traffic congestion on the internet or on any website or both; (viii) for damage caused to the Participants’ or another person’s computer system or equipment as a result of participating in, uploading or downloading material in relation to the Promotion. Automated entries are prohibited, and any use, whether direct or indirect, of automated devices will cause immediate disqualification of a Participant and its accomplices, and each of the Sponsor and MyPictureBook reserves all of its rights and recourses against the user of such automated devices and its accomplices.
8.2 The Sponsor assumes no liability for false or incorrect information, caused either by the users or by any equipment or program associated or used in connection with the Promotion or for any human or technical error that may take place during the Promotion process.
8.3 The Sponsor reserves the right to annul, suspend or modify the Promotion if a virus, bug or other computer problem, an unauthorized human intervention or another cause beyond the control of the Sponsor alters or affects the administration, security, fairness, integrity, or adequate conduct of the Promotion.
9. Release / Privacy / Use of Personal Information Provided by the Participant
9.1 By entering the Promotion, each Participant agrees to the collection, use and disclosure by the Sponsor or its authorized agents of the Participant’s personal information provided through the Participation Ballots for the purpose of carrying out the Promotion and delivering the Promotion. Once submitted, the Participation Ballots become the exclusive property of the Sponsor and will not be returned;
9.2 Personal information may be transferred to third parties that are retained by the Sponsor to perform storage, management and other similar functions, subject to the laws applicable to the protection of personal information and the Sponsor’s internal policies regarding personal information. Files containing personal information will be kept at the Sponsor’s or its service provider’s offices or on their servers and employees who require access to personal information in order to fulfil their job requirements will have access to these files. To the extent provided by applicable law, the individuals concerned may request access to the file containing their personal information and the correction of such information by contacting the Sponsor.
10. Intellectual Property
10.1 All intellectual property covering the promotional material, the Sponsor’s Website and the source code related to the Promotion are the exclusively property of the Sponsor or its affiliates or licensors. All rights are reserved. Unauthorized copyright or use of any copyright material or intellectual property without the express written consent of its owner or holder is strictly prohibited.
11. Applicable Law
11.1 These Rules are the official Promotion Rules. The Promotion is subject to all applicable federal, provincial and municipal laws and regulations applicable in Québec. These Rules may be modified without prior notice, including to render these Rules compliant with all applicable federal, provincial and municipal laws or policies of any entity having jurisdiction over the Sponsor.
INDIVIDUALS PARTICIPATING IN THE PROMOTION ACKNOWLEDGE HAVING READ AND ACCEPTED THESE RULES AND AGREE TO COMPLY WITH THEM.