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SodaStream Canada October 2022 Contest Rules and Regulations

Open to residents of Canada

NO PURCHASE IS NECESSARY. SKILL TESTING QUESTION REQUIRED. VOID WHERE PROHIBITED. By entering this Contest (defined below), entrants agree to abide by these Contest rules and regulations (the “Official Rules”). The decisions of the Sponsor (as defined below) with respect to all aspects of the Contest are final. The Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram (collectively the “Platform” or “Platforms”). You understand that you are providing your information to the Sponsor and not to the Platforms. The information you provide will only be used to administer the Contest in accordance with the Sponsor’s privacy policy (https://bit.ly/3xnA743) and will only be used by the Sponsor in connection with publicity relating to the Contest. Per the Official Rules below, the Platforms are completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not the Platforms.

1. SPONSOR & CONTEST PERIOD: The SodaStream Canada October 2022 Contest (the “Contest”) is sponsored by SodaStream Canada Ltd. (the "Sponsor") with offices at 325A Annagem Blvd. Mississauga, ON L5T 3A7. The Contest entry period commences at 10:00:00 AM Eastern Time (“ET”) on October 24, 2022 and will end at 11:59:59 PM ET on October 31, 2022 (the "Contest Period"). All times are Eastern Times. mber 5, 2022 (the "Contest Period"). All times are Eastern Times.

2. ELIGIBILITY: To enter the Contest and be eligible to win a Prize (see rule 6), a person must, at the time of entry, be a legal resident of Canada excluding the province of Quebec who is the age of majority or older in their province/territory of residence. Specifically excluded from entering the Contest are: (i) employees, shareholders, officers, directors, agents, representatives, mandataries and advertising and promotional agencies of the Sponsor, and each of its subsidiaries and affiliates (the “Contest Parties”); and (ii) a member of any such person’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the person or not). In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner, or spouse.

Eligible participants under these Rules are referred to as “Entrants” (or an "Entrant", individually) ‎and “you”. 

3. HOW TO ENTER: No Purchase is Necessary. There are two (2) methods of entry into the Contest, and they are as follows:

I. FACEBOOK: During the Contest Period, Sponsor will post a Contest Facebook post (the “Facebook Post”) to https://www.facebook.com/SodaStreamCanada (the “Facebook Page”). To enter the Contest, you must click on the “comment” icon below the Facebook Post and share what you’re going as for Halloween this year (the “FB Comment”).  Next click “post” and your FB Comment will be posted to the Facebook Post and you will receive one (1) entry into the Contest (subject to compliance with these Official Rules). To receive a bonus entry (the “Bonus Entry”) after posting your FB Comment, click on the “comment” icon below the Facebook Post and give a shout out to a friend by including their name and/or nickname (the “Friend Shoutout”). Next, click “post” (the “Bonus Comment”) to receive one (1) Bonus Entry into the Contest (subject to compliance with these Official Rules).

Entrants must be following the Sponsor’s Facebook Page at the time of entry. Entrants are subject to Facebook’s statement of rights and responsibilities; these can be found at https://www.facebook.com/legal/terms. The Sponsor is not responsible in any way for any decisions Facebook makes regarding the Entrant's account with Facebook.

II. INSTAGRAM: During the Contest Period, the Sponsor will post a Contest Instagram post (the “Instagram Post”) to https://instagram.com/sodastreamcanada (the “Instagram Page”). To enter the Contest, you must click on the “comment” icon below the Instagram Post and share what you’re going as for Halloween this year (the “Instagram Comment”).  Next click “post” and your Instagram Comment will be posted to the Instagram Post and you will receive one (1) entry into the Contest (subject to compliance with these Official Rules). To receive a Bonus Entry after posting your Instagram Comment, click on the “comment” icon below the Instagram Post and make a Friend Shoutout. Next, post the Bonus Comment to receive one (1) Bonus Entry into the Contest (subject to compliance with these Official Rules).

To enter, Entrant’s Instagram accounts must be set to public. Entrants must be following the Sponsor’s Instagram Page at the time of entry. Entrants are subject to Instagram’s Terms of Use; these can be found at https://help.instagram.com/478745558852511. The Sponsor is not responsible in any way for any decisions Instagram makes regarding the Entrant's account with Instagram.

Facebook Comments and Instagram Comments will be herein collectively referred to as a “Comment”. By posting a Comment, you affirm that you have read, understand, and agree to these Official Rules. Entrants understand that they are posting at their sole risk. The Sponsor is not responsible for any claims arising from a Comment, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective Platform’s terms and conditions.

4. ENTRIES: To enter, each Comment must be unique and publicly viewable. You will only receive one (1) Entry per unique Comment and one (1) Bonus Entry per unique Bonus Comment regardless of the number of names and/or nicknames are included in the Bonus Comment. Limit of five (5) Bonus Entries per person will be awarded. You may only use one (1) Facebook account and one (1) Instagram account to enter the Contest and anyone found to use multiple Platform accounts to enter the Contest will be ineligible. Anyone found “spamming” by posting multiple updates or comments or by posting duplicates to the Contest Pages or Posts will be disqualified. Entrants are responsible for obtaining consent from their family/friends to post their name. You are not required to “Tag” your friends/family in the Comment and doing so will not increase your odds of winning. Any person who is found to have entered in a fashion not sanctioned by these Official Rules and/or who has submitted more than the number of entries permitted by these Official Rules will be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void. All entries become the property of the Sponsor upon receipt, and none will be returned. Proof of posting an entry is not proof of receipt by the Sponsor. Entries must be received during the Contest Period in order to be entered into the prize draw (see rule 7). In the event an Entrant posts inappropriate content, in the sole discretion of the Sponsor, he or she will be disqualified. Any Entries that do not satisfy the requirements set out in rule 5 will be removed and be ineligible for entry into the Contest.

5. FORMAT AND CONTENT: Each Entry must (i) be in English or in French; (ii) be submitted as a comment to the Facebook Post and/or Instagram Post, and must not be copied from or derived from or based on another person’s comment; (iii) comply with Facebook’s statement of rights and responsibilities or Instagram terms of use (as applicable); (iv) not contain any sexually explicit, disparaging, discriminatory, threatening, harassing, offensive, libelous, or inappropriate content or any content that promotes any product or service other than that of the Sponsor; (v) not contain any language suggesting or encouraging illegal activity or that infringes on or that may infringe anyone’s rights, including intellectual property rights, privacy rights and publicity rights; (vi) not contain any copyrighted works (other than as owned by the eligible entrant) or third party content or products that may be subject to and protected by intellectual property laws including but not limited to music, brands, logos, products, artwork, video, and photographs, and must contain entirely original materials that have never been distributed, shown publicly or published and (vii) otherwise comply with the Official Rules.

Sponsor may, in its sole discretion, alter or remove any Comment that is not in compliance with these Official Rules which in turn will void the submitted Entry. Entries that are incomplete or generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void. Multiple Entrants are not permitted to share the same social media account or email addresses.

6. PRIZE: There are five (5) Prizes available to be won (each, a “Prize”), each Prize consisting of one (1) SodaStream Art Starter Pack which includes one (1) Art sparkling water maker, one (1) 60L quick connect carbonating cylinder and one (1) 1L dishwasher safe carbonating bottle. The total approximate retail value of the Prize is $169.99 (CAD). Limit of one (1) Prize per person.

The Prize must be accepted as awarded without substitution and is not transferable (except at the discretion of the Sponsor). The Prize may not be redeemed for cash or credit, in whole or in part other than as set out in these Official Rules.  The Sponsor reserves the right to substitute a Prize or any component of the Prize for a prize of equal or greater value. In the event the Prize cannot be delivered to the winner’s mailing address by the Sponsor’s preferred delivery carrier, the winner will receive a gift card to a local SodaStream retailer (as determined by the Sponsor) with a value equal or greater than the 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 customs, duties, taxes, etc.) is the responsibility of the winners.

 7. PRIZE DRAW: One (1) random draw will take place in Toronto, ON at 10:00:00 AM ET on November 1, 2022 (the “Draw Date”) from among all eligible entries received during the Contest Period to determine the five (5) selected entrants (the “Selected Entrant”). Odds of winning a Prize depend on the total number of eligible entries received during the Contest Period. The Sponsor will attempt to contact the Selected Entrant by replying to the Comment (the “Notification”) associated with the potential winning entry on the associated Platform within one (1) business day of the Draw Date. The Selected Entrant associated with the applicable Platform will then be asked to send a private direct message (the “DM”) to Sponsor’s associated Platform Page (as applicable) within twenty-four (24) hours with their full name and province of residence so that the Sponsor can verify their eligibility and so that a skill testing question can be administered (see below).

8. WINNER NOTIFICATION: To be declared a Prize winner, the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question (the “Skill Testing Question”). Once the Sponsor has received the Selected Entrant’s DM (see rule 7), the Sponsor will send a reply (the “Reply”) to the Selected Entrant with a request to provide their email address, full mailing address (including postal code), phone number, (the “Contact Details”) and correctly answer the Skill Testing Question posed in the Reply. By entering the Contest and accepting the Prize by correctly answering the Skill Testing Question, the Selected Entrant (a) confirms compliance with these Official Rules including eligibility requirements; (b) acknowledges acceptance of the Prize as awarded; and (c) confirms agreement to the publication, reproduction and/or other use of the potential Prize winner’s name, address, voice, statements about the Contest, photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast and the internet. The Sponsor shall have no liability if the Notification is lost, intercepted, or not received by the Selected Entrant for any reason including but not limited to if the Notification is returned as unclaimed or undeliverable.  If the Selected Entrant (a) does not send a DM to the Sponsor’s applicable Platform account as directed within twenty-four (24) hours; (b) does not respond to the Reply within twenty-four (24) hours with their Contact Details; or (c) fails to correctly answer the skill testing question, then they will be disqualified and another Selected Entrant will be randomly selected (the “Backer”) until a Selected Entrant is declared a winner or the Sponsor has made attempts to reach up to ten (10) Backers, whichever comes first. If a Selected Entrant is found to be ineligible for, or declines the Prize for any reason prior to award, the Selected Entrant will be disqualified and an alternate Selected Entrant will be randomly selected. Upon receipt of the Contact Details and of the skill testing question correctly answered, the Selected Entrant will be declared the winner and the Prize will be shipped to the winner’s mailing address as indicated in the response to the Reply by the Sponsor within four (4) to six (6) weeks.

9. DISCLAIMER OF WARRANTIES. The Sponsor and the Contest Parties do not warrant that access to the Contest, nor the Platforms used in the operation of the Contest, will be uninterrupted or error-free. The Sponsor and the Contest Parties 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.

10. GENERAL LIABILITY RELEASE: By participating in this Contest, Entrants assume all liability for, and ‎neither the Contest Parties or any of their respective agents and associated companies and each of their respective officers, directors, employees, successors, mandataries and assigns (collectively, the “Releasees”) are responsible for or accept any liability for, any claims, causes ‎of action, liabilities, losses, damages, costs (including legal fees on a solicitor and own client basis),‎‏ or injury ‏‎(including any injury or damage to persons or property) (collective “‏Claims”), caused by or arising or ‎resulting directly or indirectly from (or claimed to be caused by or arising or resulting directly or ‎indirectly from): (i) incorrect or inaccurate entry information that may affect a person’s ability to ‎participate in the Contest or be awarded a Prize (whether arising from human error, technical ‎malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination ‎thereof, or entries that fail to fully comply with these Official Rules, or otherwise); (ii) technical failures of any ‎kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines, the ‎internet, or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected Entries; (iv) injury or damage to Entrants’ computers or to any other individual’s ‎computer related to or resulting from participating in, or downloading any material regarding the ‎Contest or accepting a Prize; (v) Entrant’s participation in (or inability to participate in) the Contest or ‎receipt or use or misuse of any Prize (or inability to receive or use any Prize), including any related ‎travel and the use of entries by Sponsor; (vi) the security or privacy of information transmitted via ‎computer networks or for breaches of privacy due to interference by third-party computer hackers or ‎otherwise; (vii) Entrants’ failure to comply with these Official Rules; or (viii) late, lost, misdirected or ‎unsuccessful efforts to notify a potential winner. ‎

As a condition of entering, entrants agree: (i) to release, indemnify and hold harmless, and hereby do release, indemnify and hold harmless the Releasees, from and against any and all Claims; and (ii) that under no circumstances will entrant be permitted to obtain awards for punitive, aggravated, incidental, indirect, or consequential damages, and entrant hereby waives all rights to claim for any such damages.

This exclusion or limitation of liability will not apply to the extent that any applicable law prohibits such exclusion or limitation of liability.

11. DISQUALIFICATION OR TERMINATION. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No illegible, incomplete, software-generated, or other automated multiple entries will be accepted.  The Sponsor reserves the right to cancel, modify, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest. If the Contest is terminated or suspended before the end of the Contest Period, notice thereof will be posted on the Facebook Page, Instagram Page, and TikTok Page and the Sponsor will (if possible) select winner(s) in a random drawing or drawings from all eligible, non-suspect entries legitimately received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.

12. IDENTITY DISPUTES: 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 Platform account provided at time of entry. Authorized account holder is defined as the natural person who controls the email address associated with the submitted the Platform account which posted the Comment.

13. CONFLICTS/DISCREPANCIES. In the event of a conflict between any Contest details contained in these Official 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 Official Rules shall prevail.

14. GOVERNING LAW: This Contest is subject to laws of the province in which you are resident, and the federal laws of Canada applicable therein. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with such laws. To the extent permissible under applicable law, all entrants consent to the jurisdiction and venue of the courts of competent jurisdiction located in the Provinces of Ontario and any courts which have the jurisdiction to hear appeals from such courts, wherever located.

FOR QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des course et des jeux for a ruling. Ay litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

15. MISCELLANEOUS: All entries become the permanent property of the Sponsor, and none will be returned. This Contest is subject to all applicable provincial, territorial, and local laws. 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. The Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these rules.

16. PERSONAL INFORMATION: Personal information may be collected, used, or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. The personal information gathered about entrants in the course of this Contest will be used solely by the Sponsor for the administration of the Contest and in connection with any publicity relating to the Contest. For more information about how the Sponsor manages your personal information, see the Sponsor’s Privacy Policy available at: https://bit.ly/3xnA743.