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Official Contest Rules

«KUNG FU PANDA 3 » CONTEST RULES

 

The “Kung Fu Panda 3” Contest (the “Contest“) is organized by Danone Inc. (the “Contest Organizer“). The Contest Organizer is responsible for the Contest, its organization and the Contest Rules (the "Rules").

 

This Contest will be held from January 20h, 2016 at 10:00 a.m. Eastern Standard Time (EST) until August 31st, 2016 at 11:59:59 p.m. (EST) (the “Contest Period”) and will be subdivided in two (2) phases:

Phase 1: from January 20h, 2016 at 10 :00 a.m. Eastern Standart Time (EST) until April 3rd, 2016 at 11 :59 :59 p.m. (HE) (“Phase 1“).

Phase 2: from April 4th, 2016 at 00:00:00 a.m. (EST) until August 31st, 2016 at 11:59:59 p.m. (EST) (“Phase

2“).

(Phase 1 or Phase 2 will be individually designed as one “Phase“, and collectively the “Phases“).

 

By registering in the “Kung Fu Panda 3” Contest, each entrant (each entrant is referred to as an “Entrant”, together, the “Entrants”) gets a chance to win the prizes described at Section 3 hereunder.

 

By entering the Contest, each Entrant agrees to be bound by present Rules.

 

1. ELIGIBILITY

The Contest is open to all legal residents of Canada who have reached the age of majority upon entering the Contest.

 

Employees, agents, representatives, officers and directors of the Contest Organizer, of its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, sponsors, suppliers of prizes, materials and services related to this Contest, or of any other party directly associated with the holding of the Contest, as well as members of their immediate families (brothers, sisters, children, father, mother), their legal or common-­‐law spouse, and any persons residing with these employees, agents, representatives, officers and directors are not eligible to participate.

 

 

2. HOW TO PARTICIPATE NO PURCHASE NECESSARY.

2.1. Registration. To enter the Contest: For DanOn Members :

  • Please visit our website at www.dan-­‐on.ca/panda;

  • Click the “Participate Now” button;

  • Then, open a DanOn session, indicating your DanOn email and password, and click the “open session” button to be automatically registered in the Contest.

    For non DanOn Members:

  • Please visit our website at www.dan-­‐on.ca/panda;

  • Click the “Participate Now” button;

  • Click on the “Sign up” button;

  • Become a DanOn Member by filling-­‐out the electronic registration form (the “Registration Form”);

  • Once the Registration Form is completed, click the “Enter contest” button to be automatically registered in the Contest.

 

For the purpose of the present Rules, a valid registration to the Contest is hereafter defined as a “Registration”.

 

To participate to the Contest, “cookies” must be accepted.

 

    1. Disqualification. Each Entrant shall respect the following requirements, failing which, the Entrant may be disqualified:

       

      • Entrants must create a DanOn account using a valid email address.

      • Limit of one (1) Registration per person.

      • Entrants must use the same email address at all times during the Contest Period.

      • Use of more than one (1) email address will lead to automatic disqualification. Accounts created by the same person will be cancelled and disqualified.

         

    2. Presumption. Any DanOn account created will be deemed to have been created by the email address owner.

 

  1. PRIZES

    A total of one hundred and twenty five prizes (125) Prizes (individually, a “Prize”, and collectively, the “Prizes”) will be awarded as part of this Contest, as follows :

    Phase 1 : twenty five (25) sets of four (4) movie tickets (“Phase 1 Prizes“).

    The total approximate retail value of the Phase 1 Prizes is one thousand dollars ($1,000) CAN. In no event will the Contest Organizer be liable for more than twenty five (25) Phase 1 Prizes.

     

    Phase 2 : thirty five (35) Kung Fu Panda 1 DVDs, thirty five (35) Kung Fu Panda 2 DVDs and thirty Kung Fu Panda 3 DVDs (collectively “Phase 2 Prizes“).

    The total approximate retail value of the Phase 2 Prizes is one thousand dollars ($1,000) CAN.

    In no event will the Contest Organizer be liable for more than one hundred (100) Phase 1 Prizes.

     

    Contest Organizer reserves the right, in the event that a selected Prize cannot be awarded as described for any reason, to substitute another Prize of equal or greater value, without liability.

     

    1. General.

       

      In addition to the other conditions set forth in the present Rules, the following conditions apply to the Prizes offered:

       

      All costs, expenses, charges, duties and taxes (federal, provincial, local or otherwise) and fees not expressly described herein as being part of a Prize shall be entirely borne by, and be the sole responsibility of, the winner.

       

      Any Prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as a Prize.

       

      Trademarks, logos, and all service marks (including individual product and retailer names) are the property of their respective owners.

  2. WINNER SELECTION

     

    1. Prize.

       

      At the end of the Contest Phase 1, twenty five (25) Entrants will be randomly selected by the Contest Organizer among all admissible Registrations received during Phase 1.

       

      At the end of the Contest Phase 2, one hundred (100) Entrants will be randomly selected by the Contest Organizer among all admissible Registrations received during the Contest Period. The first thirty five (35) Entrants randomly selected will be eligible for the Kung Fu Panda 1 DVD, the next thirty five (35) Entrants randomly selected will be eligible for the Kung Fu Panda 2 DVD and the last thirty (30) Entrants will be eligible for the Kung Fu Panda 3 DVD.

       

      Random draws will be held by the Contest Organizer through its representative Publicis Canada Inc, located at 3530 St-­‐Laurent boulevard, suite 300, Montreal, Quebec, H2X 2V1 on the following dates:

       

      Phase 1 : April 4th, 2016 at 10 :00 a.m. (EST)

      Phase 2 : September 1st, 2016 at 10 :00 a.m. (EST)

       

      Limit. An Entrant can only win one (1) prize per Phase during the Contest Period.

       

    2. Chances of winning.

       

      For each Entrant, the chances of winning one (1) Phase 1 Prize depend on the number of valid Registrations received during the Phase 1.

      For each Entrant, the chances of winning one (1) Phase 2 Prize depend on the number of valid Registrations received during the Contest Period.

       

    3. Official time. The Contest Organizer’s servers are the official time-­‐keeping device for this Contest. The time that a Registration or an entry is received by the Contest Organizer will be considered to be the time at which it is received by the Contest Organizer’s mail server or web server (as applicable), as determined in accordance with the applicable server's clock.

  3. AWARDING OF PRIZES

     

      1. The randomly drawn Entrants will be notified by telephone or by email by the Contest Organizer within ten (10) days following the draw.

         

        Selected Entrants will have to correctly answer a mathematical question within a limited time. This question is required by law and will be asked by email or fax or on the Declaration, Exoneration of Liability and Compliance with Rules Form.

         

        In order to be declared a winner, the Entrant must (i) complete and sign the Declaration, Exoneration of Liability and Compliance with Rules Form (« Declaration Form ») which will be sent to him by the Contest Organizer, (ii) return an original signed copy of the Declaration Form to the Contest Organizer within ten

        (10) days of receiving it, and (iii) correctly answer the mathematical question found on the Declaration Form.

         

        This document includes, without limitation, a confirmation that the winner will abide by the Rules, releases the Contest Organizer, its directors, officers, employees, subsidiaries, affiliated companies, related companies and agents from all liability, and allows the Contest Organizer and its representatives to use the winner’s name, photograph, likeness, statements about the Prize, place of residence and/or voice, without any compensation, in any advertising by the Contest Organizer and for any required disclosure without having to obtain the winner’s prior consent.

         

        If a randomly drawn Entrant fails to return the Declaration Form within the period provided, that Entrant will be deemed to have forfeited his Prize and another random draw will be held according to the provisions set forth in the present Rules until a new winner claims his/her Prize.

         

        Any Prize unclaimed by December 31, 2016 will not be put back for a random draw and will be deemed as lost.

         

        Within thirty (30) days of receiving the duly completed, answered (with regards to the mathematical question) and signed Declaration Form, the Contest Organizer will distribute to each winner their Prize by mail to the mail address indicated on the Registration Form of the Entrant.

      2. No assignment nor replacement. The Prize must be accepted as it stands by the winner and may not, in any case, be in whole or in part sold, assigned or transferred to a third party. The Prize must not be replaced by another Prize or exchanged for cash.

         

      3. False declaration. Any inaccurate or false declaration or fraud will lead to automatic disqualification of the winner and loss of rights to the Prize. If the winner fails to abide by any of the conditions set out above or any other condition provided in the Rules, he will automatically be disqualified and will lose his rights to the Prize

     

  4. GENERAL CONDITIONS

 

6.1. Verifications. Registration Forms, other documents requested by the Contest organizer and all information therein are subject to verification by the Contest Organizer. Any Registration Form, Declaration From or any other document request by the Contest Organizer that is illegible, incomplete, fraudulent, copied or received late bearing an invalid e-­‐mail address or phone number, not bearing the correct answer to the mathematical question or otherwise noncompliant shall be rejected and will not entitle to any entry or to a Prize, as the case may be. Entrants are responsible for the correct and full completion of their Registration Form and1or any other document request by the Contest Organizer in order to be reached in conformity with this Contest Rules if they are selected for a Prize.

 

An Entrant is not considered a winner until the verification process is completed by the Contest Organizer, and it is determined that the Entrant has complied with all terms of these Rules.

 

    1. Conduct of the Contest. Any attempt to deliberately damage the Contest Internet website or any related website or to sabotage the legitimate conduct of this Contest constitutes a violation of civil and criminal laws. Should there be any such attempts, the Contest Organizer reserves the right to reject the Entrant’s Registration or entry and obtain legal or equitable relief under applicable laws.

       

    2. Decisions of the Contest Organizer. Any decision of the Contest Organizer regarding any aspect of this Contest, including, without being limited to, the eligibility and/or disqualification of Registration Forms, shall be final and without appeal, subject to approval by the Régie des alcools, des courses et des jeux du Québec.

    3. Disqualification. Any person entering or attempting to enter the Contest by means that are contrary to the Rules or unfair to other Entrants will automatically be disqualified and may be referred to the competent legal authorities.

       

    4. Prize substitution. In the event where it would be impossible, difficult and/or more costly for the Contest Organizer to award a Prize (or part of Prize) as described in these Contest Rules, he reserves the right to award a Prize (or part of Prize) of the same kind and of equivalent value or, at this sole discretion, the cash value of a Prize (or part of Prize) as indicated in the Contest Rules.

       

    5. Limitation of liability – use of Prize. The winner releases the Contest Organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors (“Released Parties”) from any liability for damage of any kind whatsoever that he or his guests may suffer, directly or indirectly, by reason of acceptance, possession or use of the Prize, including, among other things, accidents, injuries, death, loss of enjoyment, inconveniences, disappointments, worries or frustrations of a physical or psychological nature.

       

      For this purpose, winner hereby (i) acknowledges and confirms that Released Parties are not granting any warranties or assurances of any kind pertaining to the Prizes awarded in connection with the Contest; (ii) acknowledges and confirms the absence of any implied warranties in connection with the Contest or the Pries, and (iii) agrees to complete and sign the Declaration From before receiving his/her Prize.

       

    6. Liability limit -­‐ participation in the Contest. Each person who enters or attempts to enter this Contest releases the Released Parties from any liability for any damages, claim or prejudice that may occur due to their participation or attempted participation in the Contest.

       

      The Released Parties accept no liability for the malfunction of any computer component, software or communication line in connection with the loss or absence of network communication or with any defective, incomplete, incomprehensible or deleted transmission from any computer or network that may limit any person’s opportunity to enter the Contest or prevent him from entering the Contest.

       

      The Released Parties accept no responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any Internet page or software and by the transmission of any information in connection with entry in the Contest.

       

      The Contest Organizer is released from its obligations in the event that an event is delayed or postponed for any reason outside its control, including, without being limited to, natural disasters, public enemies, war, civil conflict, fire, flooding, labour disputes or strikes or any other act or order of a governmental authority.

       

    7. Liability limit. Released Parties shall not be responsible for lost, late, stolen, damaged, garbled, inaccurate, incomplete, misaddressed, mutilated, undelivered, delayed, or misdirected emails, points, codes and/or requests, Prize claims, or for errors, omissions, interruptions, deletions, defects, or delay in cable, satellite, internet service provider, telephone lines, or in operations or transmission of information, in each case whether arising by the way of technical or other failures or malfunctions of computer hardware, software, communication devices, or transmissions lines, or data corruptions, theft, tampering, destruction, unauthorized access to or alternation of any participation materials, loss, human error, or otherwise.

       

      Further, Released Parties are not responsible for electronic communications, which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an Entrant’s email account to receive email messages.

       

      Released Parties are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error, which may occur in the transmission, receipt, or processing of codes.

       

      Released Parties are not responsible for any other errors or problems of any kind, whether computer, network, printing, seeding, typographical, mechanical, technical, human or otherwise, relating to or in connection with this Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the announcement of the rewards/reward recipients, or the Prizes/Prize winners, the processing of points, codes, requests, the tabulation of points, or in any Contest-­‐related materials.

       

    8. Liability limit -­‐ Prize providers. The winner recognizes that, from the time that he accepts the Prize, the performance of obligations related to the Prizes becomes the sole and complete responsibility of the designated service providers with respect to portions not delivered by the Contest Organizer, if applicable.

       

    9. Modification. The Contest Organizer reserves the right, at its sole discretion, subject to compliance with applicable legal and regulatory requirements, to cancel, terminate, modify or suspend all or any part of this Contest in the event of a virus infection, a computer malfunction, an incident or any human intervention that could corrupt or affect the administration, security, impartiality or running of the Contest as provided for in the Rules.

       

    10. Number of Prizes awarded. In all cases, the Contest Organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors, and their suppliers of products, materials and services related to this Contest, and their employees, agents and representatives cannot be required to award more Prizes than the number indicated in the Rules or to award Prizes other than in accordance with the Rules.

       

      If computer, printing, production, mechanical, seeding, typographical, or other errors result in more valid Prize claims for any Prize level than the number stated herein, the Contest Organizer reserves the right to award the stated number of Prizes for the Prize level at issue in a random draw from among all eligible, non-­‐suspect, and valid Prize claims received for the applicable Prize level.

       

    11. Authorizations. By entering the Contest, Entrants agree to have their submitted name displayed on the Contest Organizer’s website, blog and Facebook page and used by us for any purpose regarding the Contest and for promotional and advertising purposes in connection with the Contest Organizer and his products at any time, without any fee, remuneration or other form of compensation.

       

      Each winner authorizes the Contest Organizer and its representatives to use, if required, his/her names, photo, likeness, statements regarding the Prize(s), place of residence and/or voice for advertising purposes in connection with the Contest, without any fee, remuneration or other form of compensation.

       

    12. Ownership of entries. Registration Forms are the exclusive property of the Contest Organizer and will at no time be returned to Entrants.

       

    13. Intellectual Property. The Contest Organizer is the sole owner of the Contest materials and promotional products as well as intellectual property rights thereto, and nothing in these Rules shall be construed so as to confer any right whatsoever to Entrants in this regard.

    14. Communication with Entrants. Subject to the provisions of the Rules, there will be no communication or correspondence with Entrants, except with a winner of a Prize.

       

    15. Entrant’s identity. For the purposes of the Rules, the Entrant is the person whose name appears on the Registration Form and, subject to the terms hereof, the Prize will be awarded to this person should he/she be declared winner.

       

    16. Litigation. Any litigation respecting the conduct or organization of the Contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie for the purpose of helping the parties reach a settlement.

       

    17. Competent legal tribunal. Subject to the provisions of the preceding paragraph regarding matters that fall under the jurisdiction of the Régie des alcools, des courses et des jeux du Québec, as a prior condition of Entry in this Contest, every Entrant agrees that disputes that cannot be settled between the parties, and all causes for action arising out of or connected with this Contest, must be settled case by case, without recourse to any form of class action, and exclusively before a competent court in Montreal, Quebec, which must apply the laws of the province of Quebec.

       

    18. Unenforceability. If any paragraph of the Rules is declared or ruled to be illegal, unenforceable or void by a competent Court, then the paragraph in question shall be deemed void, but all other paragraphs not affected will be applied within the limitations of the law.

       

    19. Gender. The masculine gender is used in these Rules solely for succinctness; it refers to both men and women

       

    20. Language. In the event of a discrepancy between the French and English versions of the Rules, the French version shall take precedence.

       

    21. Acceptance. By participating in the Contest, Entrants agree to be bound by the Contest Rules and by the decisions of the Contest Organizer, which will be final and won’t be subject to appeal in any respect, including without limitation, any decisions concerning eligibility, disqualification of Participation Forms, or Prize attribution.

    22. Personal information in connection with the Contest. Entrants’ personal information will be stored in the Contest database and the Contest Organizer will use it to contact Entrants for the purposes of the Contest

       

      No other use will be made of Entrants’ personal information, with the exception of Entrants who explicitly indicated when completing the Entry form that they wish to receive more information about the Contest Organizer, its products and/or activites.

       

    23. Contest Rules and name of winners. A copy of the Rules and the names of the winners may be obtained upon written request to :

 

DANONE Inc.

100 rue de Lauzon Boucherville, Québec J4B 1E6