Feb 26, 2015 - Inc. (âSponsorâ), its parent company, affiliates, subsidiaries and .... add to, delete from, copy, re
Energizer® Join Our Journey Contest & Sweepstakes NO PURCHASE NECESSARY. Making a purchase will not improve your chances of winning a prize. Open to Legal Residents of Canada over the age of majority in their province/territory of residence at the time of entry and who are the parent or legal guardian of a child between the ages of 5 – 12 as of May 4, 2015. Void elsewhere and where prohibited. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. FACEBOOK IS NOT AFFILIATED WITH THE SPONSOR IN ANY WAY. 1 - PROMOTION DESCRIPTION: To celebrate the innovation behind Energizer® EcoAdvanced™ batteries, Energizer® has launched the “Join Our Journey” campaign to encourage and inspire the next generation of thinkers and innovators to begin a STEM journey of their own. Energizer® wants Canadian families to Join Our Journey by bringing a toy they’ve imagined to life! The Energizer® Join Our Journey Contest (the “Contest”) is a skill-based contest in which Entrants (as defined in Section #2 below) submit their child’s imagined creative creature drawing. Additionally, individuals who submit an entry into the Contest will automatically earn one (1) entry into the Join Our Journey Sweepstakes (the “Sweepstakes”). The Contest and the Sweepstakes shall be collectively referred to as the “Promotion”. These “Official Rules” apply to the Promotion; provided, however, certain terms and conditions of these Official Rules apply only to the Contest and certain terms and conditions of these Official Rules apply only to the Sweepstakes. For purposes of certainty, Sections 3 through 10 of these Official Rules apply only to the Contest, Sections 11 through 15 of these Official Rules apply only to the Sweepstakes, and Sections 1, 2 and 16 - 21 apply to both the Contest and the Sweepstakes. 2 - ELIGIBILITY: The Promotion is open only to legal residents of Canada over the age of majority in their province/territory of residence at the time of entry and who are the parent or legal guardian of a child between the ages of 5 – 12 as of May 4, 2015 (“Child”) (the “Entrant”). Employees, officers and directors (and persons with whom they are domiciled) of Energizer® Canada, Inc. (“Sponsor”), its parent company, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter and/or win a prize. Void outside Canada and where prohibited. By participating, entrants agree to abide by and be bound by these Official Rules and to accept decisions of the Sponsor as final in all matters relating to this Promotion. This Promotion is subject to all applicable federal, local, and provincial laws and regulations. THE FOLLOWING SECTIONS 3 THROUGH 10 OF THESE OFFICIAL RULES APPLY ONLY TO THE CONTEST: 3 - CONTEST DATES: The Energizer® “Join Our Journey” Contest, begins on February 26, 2015 and ends with the announcement of the Grand Prize Winner on July 6, 2015 (the “Contest Period”) with the deadline for Entry Submission being the end of the Submission Period at 11:59:59 PM Eastern Time (“ET”) on May 4, 2015. During the Contest Period, there are a series of contest-related events that start and end on or about the dates and times noted below. Entries not submitted during the Submission Period (as set forth in the chart below) will be disqualified. The Sponsor’s computer, or that of its designee, runs the official clock for the Promotion and will solely determine the time by which an entry is received. For purposes of this Promotion, a “day” is defined as a 24-hour period, beginning at 12:00:00 AM ET and ending at 11:59:59 PM ET. CONTEST EVENT CHART (the “Chart”) Note: All dates/times are 2015/Eastern EVENT
Event START Date/Time
Event END Date/Time
February 26 12:00:00 am
May 4 11:59:59 pm
ROUND 1 CALL FOR ENTRIES (“ENTRY SUBMISSIONS”) (“Submission Period”) JUDGES’ SELECTION OF TEN (10) SEMIFINALISTS (“Judging/Selection Period”) SEMIFINALISTS NOTIFICATION
May 8 May 11
ROUND 2 SEMIFINALISTS PITCH VIDEO DUE JUDGES’ SELECTION OF FIVE (5) FINALISTS (“Judging/Selection Period”) FINALISTS NOTIFICATION
May 20 May 25 May 26
ROUND 3 PUBLIC VOTING TO DETERMINE GRAND PRIZE WINNER (“Public Voting”) GRAND PRIZE WINNER & RUNNER UP NOTIFICATION
May 27 12:00:00 am
June 26 11:59:59 pm June 30
GRAND PRIZE WINNER ANNOUNCED
July 6
ROUND 1 Submission of entries and determining the Semifinalists 4 - HOW TO ENTER: Go to www.facebook.com and log into your Facebook account*. Then visit the Energizer® Bunny Canada Page on the Facebook Platform at https://www.facebook.com/EnergizerBunnyCanada [a] Have your Child draw their idea/imagined creative creature that they envision can become a real mechanical creation (the “Entry”); [b] Take a photo of your Child’s drawing; [c] Look for the Contest call to action on our timeline post and click the ‘contest entry’ link; [d] Click the ‘Submit and Entry’ button and complete the registration form by providing the information required; [e] Upload your photo; and [f] Click “submit” and you will receive one entry into the Contest. Photo requirements and guidelines: Photo submissions must meet the following requirements/guidelines: Maximum File Size: 5MB. Photo Formats: .GIF, .JPG, .PNG, .BMP and .TIF file formats. *If you do not have a Facebook account you can create one for free. By submitting your information and creating an account, you agree to the terms of use, privacy policy and data use policy of Facebook. If you do not agree to these terms of use, privacy policy and data use policy, you cannot create a Facebook account, or participate in this Contest. There is a limit of one entry per person/email address/Facebook account/per day, however; each Entry must be substantially different than any other Entry submitted by the same person. If more than one (1) entry per day is received from an individual entrant or email address or Facebook account, only the first entry will be accepted even if that entry is for another child of the entrant. All entries must be received by 11:59:59 PM ET on May 4, 2015. All entries become the property of Sponsor and will not be returned. If an entrant changes his/her telephone number, email address and/or postal mailing address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to Energizer®’s address listed below to be received by the end of the Submission Period. Additional terms of entry submission: By entering this Contest, and to the extent allowed by law, Entrants grant Sponsor the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the entry submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. By uploading your Entry Submission, you agree that your Entry conforms to the Guidelines and Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if it believes that your Entry fails to conform to the Guidelines and Restrictions. Content Restrictions: Entry must be Entrant’s Child’s own original creation executed solely by the Entrants Child, may not have won any previous award or been submitted in any other competition, and must be a previously unpublished and previously unproduced idea; The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark or other intellectual property rights; Entry must not disparage or embarrass Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest; Entry must not feature brand names or trade-marks of any third party; Entry may contain Energizer® product, image, brand name, or likeness in Photo solely for the purpose of this Contest; Entry must be created solely by Entrant’s Child; Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; Entry must not contain anything that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created. 5 - JUDGING: All eligible Entries received by the close of the Submission Period will be sorted based on the age of the Child’s design into one of two groups (based on age at time of entry submission): 5 - 8 years old and 9 – 12 years old. At the conclusion
of the each Submission Period, a panel of judges consisting of the Sponsor and its representatives (the “panel”) will score each eligible Entry based on the following Judging Criteria (the “Judging Criteria”): Originality (25% of total score) Innovative (25% of total score) Appropriateness to theme (25% of total score) Clear Expression of Idea (25% of total score) In the event of a tie, the Semifinalist(s) will be determined based on whichever Entry received the highest score in the Originality category from the judging criteria. In the event of a tie in Originality judging criteria, the Entries will be re-judged by a different panel of judges. Ten (10) Semifinalists: The top-scoring Entries from each of the two age groups as defined below will be deemed Semifinalists: o Five (5) from the 5 - 8 age category o Five (5) from the 9 – 12 age category In the event that fewer than five (5) and/or no eligible entries are received in an Age Category, fewer than five (5) and/or no Semifinalist will be determined in that Age Category. 6 - WINNER NOTIFICATION: Potential Semifinalist’s will be contacted by the Sponsor or its designated agent using the notification process as outlined below on or about the date stated in the Chart above. Potential Semifinalists’ will be announced via a status updated on the Energizer® and Energizer® Bunny Page indicating the first name of the Entrant and first name of the Child. Potential Semifinalists must respond within three (3) businesses days to the announcement via direct Facebook message to the respective Facebook Page by clicking on the Facebook message icon and provide contact information in the Facebook message and then click send. If the potential winner fails to comply, s/he will forfeit the prize. All Potential Semifinalists: At the discretion of Sponsor, each potential Semifinalist may be required to execute and return a Declaration of Eligibility and Liability Release and where legal, a Publicity Release within five (5) days following the date of issuance of such documents as a condition of receiving a prize. If a potential Semifinalist fails to return the completed and signed documents within five (5) days, s/he will forfeit the prize. If a prize is forfeited for any reason, it will be awarded to the next highest scoring entry. The award of a prize is subject to verification of winner’s eligibility and compliance with these Official Rules. In the event a potential Semifinalist is deemed ineligible to receive the prize for any reason, in Sponsor’s sole discretion, the prize will be forfeited and awarded the next highest scoring entrant. Except where prohibited by law, by accepting a prize, each winner consents to the use of his/her name, photograph, limited biographical information (city/province/territory), voice and likeness and that of his/her child whose creation was submitted for advertising or publicity purposes by Sponsor in commerce and in any and all media worldwide, without limitation and without additional compensation, notice or permission. ROUND 2 Submission of pitch videos and judging of Semifinalist’s to determine Finalists Semifinalists, and their Child who designed the creation, will be asked to create a pitch video of no more than three (3) minutes telling the judges why their creative creature should be taken form imagination to creation. Video requirements and guidelines: Video submissions must meet the following requirements/guidelines: Running Time: Video must be a minimum of one (1) minute long but no longer the three (3) minutes. If Video Submission is longer than three (3) minutes only the first three minutes will be reviewed. Maximum File Size: 40MB. Video Formats: .WMV, .AVI, .MOV, and .MPG file formats. Pitch Video Submissions must not: Include trade-marks, logos, or copyrighted material not owned by Semifinalist or used without permission (such as company names, music, photographs, works of art, or images published on or in apparel, websites, television, movies, or other media). Use individual or family names, in whole or in part (including the Finalist’s last name) without permission of the applicable rights-holder(s). Refer to public figures. Contain profanity, pornographic, or sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons; hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content. Defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to the contest entities. Promote a political agenda regardless of the political affiliation. Contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without permission of the applicable rights-holder(s).
By submitting a video, Semifinalist, on their own behalf and on behalf of his/her Child, agrees to comply with the contest Official Rules. Additionally, Semifinalist warrants that his/her Child’s pitch video submission, and all elements thereof, satisfy contest Official Rules by warranting the entry submission in this contest: Is the original work of the Semifinalist and their Child. Has not previously been published or won an award or prize of any kind. Does not infringe or violate the rights of any third party, including but not limited to, copyrights, trade-marks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights. Is not subject to any third-party agreements, and that the Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition, or exploitation of the idea, music or video, or elements therein. Does not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of the contest entities. Does not feature, refer to, or mention any competing brands of the Sponsor. Without limiting the generality of these Official Rules, Semifinalist on their own behalf and on behalf of their Child shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Pitch Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Pitch Video for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity and shall waive all moral rights and shall execute such documents as may be required to give effect to such grant and waiver. Semifinalist accepts and acknowledges that Sponsor shall not be obligated to use the Pitch Video and that Sponsor in its sole discretion shall have the right to refrain from using the Pit Video. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Semifinalist will indemnify Sponsor, Released Parties (as defined below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. 7 - JUDGING: Age categories will not apply to the selection of Finalists’ – only on the merits of the required Pitch Video. All Semifinalists Pitch Videos will be judged on the following Judging Criteria: Originality (25% of total score) Innovative (25% of total score) Appropriateness to theme (25% of total score) Clear Expression of Idea (25% of total score) In the event of a tie, the Finalist(s) will be determined based on whichever Entry received the highest score in the Originality category from the judging criteria. In the event of a tie in Originality judging criteria, the Entries will be re-judged by a different panel of judges. ROUND 3 Judging and Public Voting of Finalists’ Child’s Pitch Video to determine Grand Prize Winner and Runner-Up 8 – JUDGING AND PUBLIC VOTING TO DETERMINE THE ONE (1) GRAND PRIZE WINNER AND THE ONE (1) RUNNERUP: Based on the judging panel’s scores, the top five (5) scoring Finalists will be posted to the Promotion Website for public voting to determine the Grand Prize Winner and Runner-up. Sponsor reserves the right to select fewer than five (5) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible Entries. At the commencement of the Public Voting Period, the five (5) Finalist Entries will be posted for public voting on the Promotion Website at JoinEnergizer.ca . Persons voting are encouraged to use the Judging Criteria as noted in section #7 above to evaluate each Finalist Entry. To vote, you must be a legal resident of Canada over the age of majority in your province/territory of residence and you must register to vote. 9 - HOW TO VOTE: Voting will begin on May, 27, 2015 at 12:00:00 ET and end on June 26, 2015 at 11:59:59 pm (the “Voting Period”). To submit a vote, go to JoinEnergizer.ca during the Public Voting Period and follow the on-screen instructions to submit a vote. The use of any automated launching or entry software or any other mechanical or electronic means that permits Promotion Website visitors to vote repeatedly is prohibited and all such votes will be disqualified. Limit one (1) vote per person per day. For the purposes of the Public Voting, a day is defined as a twenty–four (24) hour period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. Subsequent votes in excess of stated maximum by a single person will be disqualified. Finalists may vote for their own Entry. All votes must be received by 11:59:59 PM ET on June 26, 2015. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, voting by proxy for yourself or any other person, trading votes, offering prizes, services or anything of value or other inducements to members of the public, as determined by the Promotion Entities in their sole discretion. All voting will be under the supervision of Sponsor whose decisions are final in all matters relating to this Promotion. At the close of the Public Voting Period a Panel of judges selected by the Sponsor will determine the one (1) Grand Prize winner and the one (1) Runner-up winner based on the following criteria:
Results of the Public Voting Period (50% of score) Clear Expression of Idea/Concept (25%)
Enthusiasm of the creation presented (25%)
The Finalist Entry with the highest score will be deemed the Grand Prize Winner and the Finalist Entry with the second highest score will be deemed the Runner-Up (subject to verification of eligibility and compliance with the terms of these Official Rules). In its sole discretion, Sponsor reserves the right to select an alternate Grand Prize Winner should the voting appear to have been tampered with or manipulated in any way. In such an event or in the case of a tie, the Sponsor, in its sole discretion, will select the potential Grand Prize Winner Sponsor believes has the most public appeal. For clarity, the Sponsor has no obligation to use the voting results to determine the Grand Prize Winner if it determines that the voting results were compromised in any way, but may, in its sole discretion, elect to use those voting results in making its determination. Public vote scores will not be published or made public at any time. For each eligible vote cast during the Entry Period, two dollars ($2) up to a total of $5,000 will be donated to Actua™. A minimum of $1,000 will be donated if less than 500 votes are received. There is a limit of one donation per day per person/email address. 10 - PRIZES: One (1) Grand Prize will be awarded to the Finalist who is declared the Grand Prize winner: $10,000 RESP (awarded as a cheque deposited into the Grand Prize winner’s Child’s college scholarship savings fund) and opportunity for the Winner’s Child to work with STEM to turn the child’s creature imagination idea into a real mechanical creation (which Sponsor shall have the sole right, but not the obligation, to use, publish, reproduce, sell and disseminate, in its sole discretion, without further notification, compensation or permission). If, for whatever reason, Sponsor decides not to produce a mechanical creation, no compensation or substitution will be provided; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winner. One (1) Runner-Up Prize will be awarded to the Finalist who is declared the Runner-Up winner: $5,000 RESP (awarded as a cheque deposited into the Runner-Up winner child’s college scholarship savings fund). Total ARV of all prizes in this Contest: $15,000.00. All prizes will be awarded provided there are enough entries received and prizes are claimed properly in accordance with these Official Rules. Prizes are nontransferable, non-assignable and may not be redeemed for cash or otherwise substituted in whole or in part except as provided herein. Sponsor reserves the right, in its sole discretion, to substitute the prize (or a portion thereof) with cash or another prize of equal or greater value in the event the advertised prize (or a portion thereof) becomes unavailable for any reason. THE FOLLOWING SECTIONS 11 THROUGH 15 OF THESE OFFICIAL RULES APPLY ONLY TO THE SWEEPSTAKES: 11 – SWEEPSTAKES DATES: The Energizer® “Join Our Journey” Sweepstakes, begins on February 26, 2015 and ends at 11:59:59 PM Eastern Time (“ET”) on May 4, 2015. During the Sweepstakes Period, there are a series of sweepstakes-related events that start and end on or about the dates and times noted below. Entries not submitted during the Entry Period (as set forth in the chart below) will be disqualified. SWEEPSTAKES CHART (the “Chart”) Note: All dates/times are 2015/Eastern EVENT SWEEPSTAKES ENTRY SUBMISSION PERIOD (“Sweepstakes Entry Period”)
Event START Date/Time February 26 12:00:00 am
Event END Date/Time May 4 11:59:59 pm
CONDUCTING OF RANDOM DRAWING
May 11
NOTIFICATION OF WINNERS
May 13
12 - HOW TO ENTER: Entrants will automatically receive one (1) entry into the Sweepstakes for every eligible entry submitted into the Contest. All entries must be received by 11:59:59 PM ET on May 4, 2015 in order to be included in the prize drawing. There is a limit of one (1) prize per person. 13 – RANDOM DRAWING: Winners will be selected in a random drawing on May 11, 2015 at 11am ET from among all eligible entries received. Drawing will be conducted by Sponsor, or its designated agent whose decisions will be final and binding on all matters relating to this Sweepstakes. Odds of winning a Prize depend upon the total number of eligible entries received. 14 – WINNER SELECTION AND NOTIFICATION: Potential winners will be contacted by the Sponsor or its designated agent on or about two (2) business days after the Drawing Date. Potential winners will be notified via email and/or phone that was provided
on the entry and will be required to respond to the notification within five (5) days of notification. If the potential winner fails to comply, s/he will forfeit the prize. All Potential Winners: Potential winners will be required to correctly answer a time limited mathematical skill testing question administered by e-mail or telephone prior to award of any prize. At the discretion of Sponsor, each potential winner may be required to execute and return a Declaration of Eligibility and Liability Release and where legal, a Publicity Release within five (5) days following the date of issuance of such documents as a condition of receiving a prize. If a potential winner fails to correctly answer the skill question or return the completed and signed documents within five (5) days, s/he will forfeit the prize. If a prize is forfeited for any reason, it will be awarded to an alternate potential winner in a random drawing from among the remaining entries in the applicable drawing pool. The award of a prize is subject to verification of winner’s eligibility and compliance with these Official Rules. In the event a potential winner is deemed ineligible to receive the prize for any reason, in Sponsor’s sole discretion, the prize will be forfeited and awarded to an alternate potential winner in a random drawing from among the remaining entries in the applicable drawing pool. Except where prohibited by law, by accepting a prize, each winner consents to the use of his/her name, photograph, limited biographical information (city/province/territory), voice and likeness for advertising or publicity purposes by Sponsor in commerce and in any and all media worldwide, without limitation and without additional compensation, notice or permission. 15 - PRIZES: One Hundred (100) Sweepstakes Prizes will be awarded. Each Sweepstakes Prize Pack will consist of the following: A Spin Master Toy (Approximate Retail Value (“ARV”): $29.99); and One (1) 8-Pack Energizer® EcoAdvanced™ AA Batteries (ARV: $10.99). Spin Master Toy will consist of either an Air Hogs Rollercopter, Air Hogs Zipwing, Air Hogs Vectron Wave, or Air Hogs Zero Gravity Laser Racer. Specific Spin Master Toy in a winner’s Energizer® prize pack will be determined by the Sponsor. Total ARV of each prize pack: $40.98. Total ARV of all prizes in this Sweepstakes: $4,098.00. All prizes will be awarded provided there are enough entries received and prizes are claimed properly in accordance with these Official Rules. Prizes are nontransferable, non-assignable and may not be redeemed for cash or otherwise substituted in whole or in part except as provided herein. Sponsor reserves the right, in its sole discretion, to substitute the prize (or a portion thereof) with cash or another prize of equal or greater value in the event the advertised prize (or a portion thereof) becomes unavailable for any reason. THE REMAINING SECTIONS OF THESE OFFICIAL RULES APPLY TO BOTH THE CONTEST AND SWEEPSTAKES: 16 - ADDITIONAL TERMS OF ENTRY SUBMISSION: All entries become the property of Sponsor and will not be returned. If an entrant changes his/her telephone number, email address and/or postal mailing address after he/she enters the Promotion, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to Energizer®’s address listed below in Rule 21 to be received by the end of the Entry Period. By entering this Promotion, and to the extent allowed by law, Entrants grant Sponsor the absolute non-exclusive right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the entry submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. 17 - LIMITATION OF LIABILITY/VENUE/GOVERNING LAW: By entering, all entrants agree to release and hold harmless Sponsor and its parent company, affiliates, subsidiaries, agencies, Facebook, Inc., Spin Master Ltd., Offerpop and the officers, directors, agents and employees of each of the foregoing, and all others associated with the development and execution of this Promotion (collectively, the “Released Parties”), from and against any and all liability with respect to, or in any way arising from or in connection with, participation in this Promotion and/or the acceptance, possession or use of a prize (if applicable), including but not limited to liability for personal injury, bodily injury, death, damages or loss of any kind. By accepting a prize component manufactured by a third-party manufacturer, winners acknowledge and agree that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including without limitation, its quality, mechanical condition or fitness for a particular purpose. Entrants further agree that: (i) except for residents of Quebec; any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the province of Ontario; (ii) any and all claims, judgments and awards shall be limited to actual out-ofpocket costs incurred, including but not limited to costs associated with entering this Promotion but in no event attorneys’ fees; and (iii) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-ofpocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO (iii), ABOVE, MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion shall be governed by, and
construed in accordance with, the substantive laws of the Province of Ontario without regard to the conflicts of laws principles of any jurisdiction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the French version of the these official rules and the terms and conditions of these Official Rules, the English version of these Official Rules shall prevail, govern and control. 18 - ADDITIONAL TERMS AND CONDITIONS: The Released Parties are not responsible for: (i) electronic transmissions or entries or votes that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, undelivered, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries or votes; (iii) destruction of or unauthorized access to, or alteration of, entries; or (iv) failed or unavailable hardware, network, software or transmissions, or any other causes that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion. All nonconforming entries will be disqualified. Released Parties are further not responsible for: (i) incorrect or inaccurate entry or prize claim information whether caused by entrant or by any of the equipment or programming associated with or utilized in the Promotion, or for any other errors of any kind, whether technical, network, printing, typographical, human or otherwise, in any Promotion-related materials or in the announcement of prize winners; or (ii) misrepresentation, cheating or fraud by any entrant. If any of the foregoing malfunctions, errors, defects or acts render the Promotion incapable of operating as planned, Sponsor, at its sole discretion, subject to the approval of the RACJ in Quebec, may terminate this Promotion in whole or in part, at any time without notice and award the prizes from among all non-suspect eligible Entries received as of the termination date using the winner determination procedure set forth herein or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 19 - ADDITIONAL RULES FOR RESIDENTS OF QUEBEC: Any litigation respecting the conduct or organization of a publicity Promotion may be submitted to the Régie des alcools, des courses et des jeux for ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for purposes of helping the parties reach a settlement. 20 - PRIVACY POLICY: Any information collected during the course of this Promotion will be used only in a manner consistent with these full Official Rules and with Sponsor’s Privacy Policy, available at http://Energizer.ca/corporate/privacy-policy.php 21 - SPONSOR: Energizer® Canada, Inc., 700-6733 Mississauga Rd. MISSISSAUGA, Ontario L5N 6J5 Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to Facebook. © 2015 Energizer® Canada, Inc. Energizer®, EcoAdvanced™ and other marks are trademarks of Energizer® Facebook is a registered trademark of Facebook, Inc. Spin Master Ltd and Offerpop are not participants in or a Sponsor of this Sweepstakes nor do they endorse or support this Sweepstakes in any way, and their names and logos are registered trade-marks of each. Copyright 2015 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant’s personal use only.
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