Rules and Regulation
No purchase necessary. This Contest (the “Contest”) is intended for viewing and participation in Canada only, and shall be construed and evaluated according to the laws of Canada. Please do not proceed if you are not a legal resident of Canada at time of entry or not eligible to participate in the Content according to Section 3 below.
1.Sponsor:The sponsor of this Contest is SodaStream Canada(the “Contest Sponsor”).
2.Contest Period: Starting and ending (the "Contest Period").
3.Eligibility: This Contest is open to legal residents of Canada, who have reached the age of majority in their province/territory of residence excluding the province of Quebec. This Contest is not open to officers, directors, employees, representatives and agents of the Contest Sponsor, their respective parents, subsidiaries and affiliates and if applicable, their advertising or promotion agencies, contest judges, contest prize suppliers, any other companies engaged in the development, production, or distribution of materials for this Contest (collectively the “Contest Entities”), and members of their immediate families (regardless of where they live), or persons domiciled with them (whether related or not). In these Official Rules (the “Rules”), “immediate family” means parents, children, siblings and spouse.
4.How To Enter: During the Contest Period, the Sponsor will be posting contests posts (each a “Contest Post”) directing people to enter the Contest. To enter the Contest, visit us on Instagram (https://instagram.com/sodastreamcanada) or Facebook (https://facebook.com/sodastreamcanada) Instagram and Facebook will herein be collectively referred to as the “Platform”) and share your favourite mocktail beverage AND give a shout out to a friend (the “Comment”) in the comments section of a Contest Post to receive one (1) entry into the prize draw (see rule 6). In order to enter, Comment must be publicly viewable. Each Comment on Instagram or Facebook will be counted as one (1) entry for the person who submitted a Comment. Entrants will be permitted to submit multiple entries throughout the contest period, limited to one (1) entry per Platform per person per day. All entries must follow SodaStream Canada on either Facebook or Instagram in order to be eligible to win.
5.NO PURCHASE NECESSARY. Purchase of any product sold by the Contest Sponsor is not required and does not enhance a person’s chance of winning.
6. Prizing and Draws: There are a total of Three (3) Prizes available to be won at the conclusion of the Contest Period, each with approximate retail value of $239.98 CAD plus applicable taxes. Each prize will include two (2) Fizzi Starter Packs (one for you and one for your friend; each Starter Pack consists of one (1) Fizzi sparkling water maker, one (1) carbonating cylinder and one (1) 1L bottle). Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except at the Contest Sponsor’s sole discretion. Limit one (1) Prize per person for the duration of the Contest Period.ENTRIES WILL NOT BE CARRIED OVER INTO SUBSEQUENT GIVEAWAYS OR DRAWS.
7.How To Claim A Prize:Five (5) potential Winners will be selected by representatives of The Contest Sponsor at random from the pool of eligible entrants, at 2:00 PM ET on January 24, 2021 in Mississauga, ON and notified via comment reply on their winning entry and will be supervised by the Contest Sponsor CFO or Controller. Winners will be prompted by The Contest Sponsor to send a direct message to the Content Sponsor’s Instagram or Facebook with proof of Canadian residency, and contact details required to fulfill the prize – including but not limited to full name, address, email address and phone number. It is the winner’s responsibility to reach out to The Contest Sponsor as instructed within 24 hours of notification and provide a valid Canadian address, telephone number and email address, or their prize will be forfeited to another eligible winner. WITHIN 24 HOURS FROM THE DATE OF NOTIFICATION ON THE WINNING ENTRY, THE POTENTIAL WINNER MUST:
- Claim his/her Prize as instructed in the Notification; and
- Correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at a time to be mutually agreed upon;
- Accept the terms of a Declaration of Compliance and Release, which confirms compliance with these Rules and releases the Contest Sponsor and the Contest Entities from all liability with respect to the entrant’s participation in this Contest and the awarding, use and misuse of the Grand Prize; and
- May be required to furnish proof of identification that may include a driver’s license or other form of government-issued picture identification as part of the verification process.
If a potential winner is found to be ineligible, declines to accept a Prize, cannot be located or does not respond and comply with the above requirements within 24 HOURS of Notification, the potential winner will be disqualified and will forfeit the Prize. The Contest Sponsor may then, at its sole and absolute discretion, select by random draw another eligible entrant whom the Contest Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner. The Contest Sponsor will not be responsible for failed attempts to notify any potential winner. Any unclaimed Grand Prizes throughout the Contest Period will not be awarded.
8.General Conditions Applicable to All Prizes: Prizes will only be delivered to winners who have been verified and have complied with these Rules. Prizes will be delivered to the winners’ addresses as provided on their Declaration of Compliance and Release form or Prize Claim form. Deliveries will not be made to PO Box addresses. Please allow approximately two (2) to three (3) weeks for fulfillment of a Prize. No responsibility is assumed by the Contest Sponsor for any postal mail or courier delivery returned as undeliverable without a forwarding address. No responsibility is assumed by Contest Sponsor for Prizes after shipping. Winners bear all risk of loss or damages to any Prize after delivery. Contest Sponsor will bear the cost of delivery, but all other costs associated with the taking and use of the prize (including taxes, etc.) is the responsibility of the winners. Prizes must be accepted as awarded, cannot be substituted, transferred, exchanged, or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, which reserves the right for any reason to award or substitute the Prize, or part thereof, of equal or greater value, including without limitation, a cash award.
ADDITIONAL GENERAL CONDITIONS OF PARTICIPATION:
9.By entering, entrants (i) acknowledge compliance with these Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Contest Sponsor and/or Contest judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest, without right of appeal, including without limitation eligibility, validity, contents, and/or disqualification of an entry. Entrants who have not complied with these Rules are subject to disqualification.
10.By accepting any Prize, each winner consents to the use of his/her name, city/province of residence, voice, and statements relating to the Contest or the Contest Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by the Contest Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
11. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of these activities may be disqualified and will forfeit any Prize won.
12.All entries become the property of the Contest Sponsor and will not be returned. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
13. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
14.Entrants and/or winners assume liability for injuries caused by or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any Prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, entrants (or their parent or legal guardian if entrant is a minor) agree: (a) to release the Contest Sponsor and Contest Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize , (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statue prohibits such exclusion or limitation of liability.
15.The Contest Sponsor may, at its sole discretion and without liability, terminate the Contest in whole or in part, or modify or suspend the Contest at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. The Contest Sponsor may do so, without notice, except as required by law. Without restricting the generality of the foregoing, and subject to the approval of the Régie des alcools, des courses et des jeux, if for any reason more entrants receive a “win” notice than the number of Prizes stated herein, the Contest Sponsor reserves the right, in its sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of Prizes stated in these Rules via a random drawing for the Prizes not yet distributed at the time the Contest is terminated, suspended or amended. In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.In the event that any draws are stopped, interfered with or not conducted for any reason during the Contest Period, the Contest Sponsor reserves the right, in its sole discretion, to resume conducting draws as soon as reasonably possible after any interference or cessation of such draws, or at the end of the Contest Period.
16.The Contest Sponsor and the Contest Entities do not warrant that access to the Contest Website will be uninterrupted or error-free. The Contest Sponsor and the Contest Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any Prize or in any Prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
17.Conflicts/Discrepancies: In the event of any discrepancies between the English language Rules and the non-English language Rules, the English Rules shall prevail. In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.
18.Governing Law: This Contest is subject to all Federal, Provincial, and Municipal laws. EXCEPT WITH RESPECT TO RESIDENTS OF THE PROVINCE OF QUEBEC, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
19.Invalidity: The invalidity or unenforceability of any provision of these 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 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.
21.Instagram Release & Acknowledgement: Entrants and/or winners provide a complete release of Instagram and acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.