1. 1. THE CONTEST: The Contest is sponsored by The Coop Wicked Chicken (the “Sponsor”). ngage360 Inc. (“ngage360”) is the administrator of the Contest. The Sponsor in its sole and absolute discretion may engage certain third parties (such as ngage360) to administer various aspects of the Contest on its behalf and in these Official Rules, the term “Sponsor” includes those third parties. The “Sponsor” and “ngage360” may also be referred to as the “Contest Entities”.
2. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST.
3. All monetary amounts herein are stated in Canadian dollars.
4. ELIGIBILITY: The Contest is open to any resident of Ontario who has reached the age of sixteen (16) years at the time he/she enters the Contest, except the following persons: (a) employees, directors, officers, agents or representatives of the Sponsor and or any of the Sponsor’s affiliated and associated entities and divisions, their advertising and promotional agencies, and any person, firm or corporation which provides any Contest materials or any services for the Contest; and (b) any person who is a member of the immediate family or who resides or is domiciled in the same household as any person identified in Rule 4(a). In these Official Rules, a person who is eligible to enter the Contest is called an “Eligible Person”.
5. By entering the Contest, each Eligible Person agrees to and accepts the terms and conditions of these Official Rules and agrees to be bound by them. The Contest is subject to all applicable federal, provincial and local laws and regulations. The Contest is void where prohibited by law. The Sponsor reserves the right to verify eligibility qualifications of any winner of a prize (a “Prize”) which is available to be won in the Contest.
6. DEFINITIONS: In these Official Rules a) the term “Potential Winner” means an Eligible Person who has been identified as being the potential winner of a Prize; b) the term “Winner” means a Potential Winner who has been verified as the winner of a Prize; c) the term “Entry” means an entry which is recorded by the Contest Computer on behalf of the applicable Eligible Person in accordance with the provisions of Rule 9, respectively, of these Official Rules; d) the term “Contest Computer” means the Sponsor’s computer system which is used to govern all computer and time-related aspects of the Contest and, among other things, is the official time-keeping device for the Contest, e) the term “Contest Website” means the website www.cluckforus.com, and f) the term “Minor” means an Eligible Person who has not yet reached the age of majority in his/her Province/Territory of residence at the time he/she enters the Contest.
7. The Contest will open at 10:00 a.m. (Eastern Time) on July 20th, 2017 and will close at 9:59:59 a.m. (Eastern Time) on November 20th, 2017 (the “Contest Period”). Whether that time is Eastern Standard Time or Eastern Daylight Savings Time will depend on any applicable “time change” dates that occur during the Contest.
8. THE CONTEST: SWEEPSTAKES AND CHANCES OF WINNING A PRIZE:
The Sweepstakes Component of the Contest (the “Sweepstakes”): Subject to the provisions of these Official Rules, one (1) grand prize (the “Grand Prize”) will be awarded in the Sweepstakes through a draw (the “Draw”) in which the Contest Computer will select one Entry, together with five (5) backup Entries (each, a “Backup Entry”), at random, from among all Entries received and recorded by the Contest Computer during the Contest Period (see Rule 10 below which describes the Draw). The Grand Prize is described in Rule 12 below.
Chances of Winning a Prize: The chances of becoming the Potential Winner of the Grand Prize depend upon the total number of Entries recorded by the Contest Computer during the Contest Period.
9. HOW TO ENTER THE SWEEPSTAKES:
During the Contest Period, an Eligible Person should go online and visit the Contest Website at www.cluckforus.com.
• If an Eligible Person participates by way of the Contest Website, a drop-down list of city(ies)/town(s) in Ontario in which The Coop Wicked Chicken locations are located, as well as the option “Never visited The Coop Wicked Chicken’”, will appear on that Eligible Person’s computer screen the Eligible Person should then select, from that The Coop Wicked Chicken location list, The Coop Wicked Chicken location he/she has visited most recently, or the “Never visited The Coop Wicked Chicken’” option and then click the “Submit” button to proceed to the Entry Form Page which contains the Entry Form.
• Then, the Eligible Person should complete the Entry Form which appears on the Entry Form Page by filling in all of the required information. Then, by clicking in the mandatory boxes provided on the Entry Form, the Eligible person must a) confirm that he/she has reached the age of sixteen (16) years or older and is an Eligible Person pursuant to Rule 4 of these Official Rules, and b) confirm that he/she has read, understands and agrees to comply with these Official Rules. [Note: If an Eligible Person fails to click either or both of those boxes, he/she will not be able to proceed and enter the Sweepstakes.] The Eligible Person then may select and click on the non-mandatory opt-in boxes ONLY a) if he/she wishes to receive updates about the Sponsor’s contests, promotions and events by email from the Sponsor, and/or b) if he/she wishes to receive invitations to participate in the Sponsor’s future surveys and research.
Finally, the Eligible Person must click “Next” to submit his/her Entry Form to the Sponsor.
When the Contest Computer receives a properly completed Entry Form, the Contest Computer will record, in the name of the applicable Eligible Person, one (1) Entry into the Sweepstakes.
10. THE SWEEPSTAKES DRAW: It is planned that on or about December 4th, 2017 (the “Draw Date”), the Contest Computer will select at random one (1) Entry from among all Entries recorded by the Contest Computer during the Contest Period. At that time, the Contest Computer also will select five (5) Backup Entries. The Eligible Person whose Entry is selected first in the Sweepstakes draw will be the Potential Winner of the Grand Prize described in Rule 12 below.
11. INFORMATION CONCERNING MINORS WHO ARE POTENTIAL WINNERS OF A PRIZE, NOTIFICATION TO POTENTIAL WINNERS, THE DECLARATION AND RELEASE, THE SKILL-TESTING QUESTION, PRIZE FORFEITURE, USE OF BACKUP ENTRIES IN DETERMINING THE POTENTIAL WINNER OF THE SWEEPSTAKES, ENTRY AND PRIZE LIMITS, AND OTHER RELATED MATTERS:
If a Potential Winner of a Prize is a Minor, the applicable Prize will be awarded in the name of that Potential Winner’s parent or legal guardian, who must do all things (including correctly answering the Skill-Testing Question without assistance of any kind, whether electronic, mechanical, or other), execute all documents and agree to all obligations and undertakings of the Potential Winner, both on behalf of himself/herself and the Minor, or, subject to the provisions of these Official Rules, the Prize will be forfeited in its entirety and will not be awarded in the Contest.
When the Potential Winner of a Prize is identified by the Sponsor in the manner described in Rule 10 (respecting the Potential Winner of the Grand Prize), whichever is applicable, the Sponsor will send an email (the “Potential Winner Notification Email”) to that Potential Winner (to the email address he/she inserted on his/her Entry Form). A declaration and release (the “Declaration and Release”) form will be attached to the Potential Winner Notification Email which contains, among other things, a declaration that the Potential Winner is an Eligible Person, a liability release, a publicity consent and the mathematical skill-testing question (the “Skill-Testing Question”). When a Potential Winner receives the Potential Winner Notification Email, he/she (or if he/she is a Minor, that Minor’s parent or legal guardian on behalf of the Minor) should print out the attached Declaration and Release and should proceed to complete it, in ink and in full and date and sign his/her normal signature in ink in the space provided for that purpose. The Potential Winner should fill in his/her correct answer to the Skill-Testing Question which appears in the Declaration and Release, in the space provided on that form for the answer. The Potential Winner must not employ any mechanical, electronic or other assistance in answering the Skill-Testing Question. The Potential Winner should then send the fully completed Declaration and Release by registered mail (the Sponsor strongly recommends that a Potential Winner obtain, at his/her sole expense, postal insurance for the mailing) to the Sponsor at The Coop Wicked Chicken Survey Contest, P.O. Box 7061, Innisfil, Ontario, Canada L9S 1A8, for actual receipt by the Sponsor no later than the deadline date specified in the Potential Winner Notification Email which that Potential Winner received from the Sponsor and to which the Declaration and Release was attached.
Provided the Declaration and Release is properly completed and signed by the Potential Winner of the applicable Prize (or if applicable, by his/her parent or legal guardian – see details above) and provided that the answer provided by the Potential Winner (or by his/her parent or legal guardian, if applicable) to the Skill-Testing Question is correct, then the Sponsor will declare that Potential Winner to be the Winner of the applicable Prize in the Contest and will send the applicable Prize to that Winner by registered to the mailing address he/she indicated on his/her Entry Form.
PRIZE FORFEITURE AND USE OF BACKUP ENTRIES IN THE SWEEPSTAKES: If the Potential Winner does not comply in all respects with these Official Rules including, without limitation, correctly answering the Skill-Testing Question which appears in the Declaration and Release and returning his/her properly completed, executed original Declaration and Release to the Sponsor within the time period specified in the Potential Winner Notification Email for actual receipt of same by the Sponsor, the Potential Winner of that Prize will be disqualified from the Contest (and will have no further right to the Grand Prize and will have no claim against the Sponsor or any other person with respect to the Contest or with respect to the Grand Prize) and the Sponsor, in the manner described above referable to that Potential Winner, will proceed to attempt to contact (in the order the Backup Entries were drawn) the persons who submitted Backup Entries until such time as a Grand Prize winner is declared by the Sponsor, or there are no further Backup Entries in which case the Grand Prize will not be awarded in the Contest.
ENTRY AND PRIZE LIMITS: No Eligible Person is allowed to submit more than one (1) Entry into the Contest during any 24-hour period, and there is a limit of twelve (12) Entry submissions per Eligible Person, during the Contest Period. No Eligible Person is permitted in any way or manner to use more than one (1) email account to enter the Contest. A “household” is defined as a residential unit, whether a house, or a unit (e.g. an apartment or townhouse unit) in a multi-residential building. If the Sponsor finds that any person has failed to observe and comply in full with these limits, irrespective of the reason for or cause of such non-observance or non-compliance, then a) all Entries which that person has submitted into the Contest will be null and void, b) that person will be disqualified from submitting any further Entries into the Contest and will be disqualified from receiving any Prize to which he/she might otherwise have been entitled; and c) if that person has been declared a Winner, that person will be obliged to return any Prize he/she has received, or its cash equivalent, to the Sponsor forthwith.
12. PRIZES: There is a total of One (1) Prize available to be won in the Contest.
a. Grand Prize: There is one (1) Grand Prize available to be won in the Contest. The Grand Prize consists of one or more The Coop Wicked Chicken gift cards (collectively, “The Coop Wicked Chicken Gift Card”), preloaded with a total of $250.00 of Canadian funds. The Coop Wicked Chicken Gift Card cannot be redeemed for cash except where required by law. Loss or destruction of The Coop Wicked Chicken Gift Card is the sole responsibility of the Prize winner, The Coop Wicked Chicken Gift Card cannot be replaced, and any value on The Coop Wicked Chicken Gift Card is not replaceable if the card is lost, stolen or destroyed. The Winner of The Coop Wicked Chicken Gift Card Prize is responsible for any purchase that exceeds the value of The Coop Wicked Chicken Gift Card Prize. The total retail value of all Prizes available to be won in the Contest is $250.00.
13. No cash, product substitution or prize equivalent will be permitted. No Prize may be combined or used in conjunction with any other contest or offer. Prizes must be accepted as awarded, are not transferable and cannot be redeemed for cash, in whole or in part. Each Prize will be awarded in the form of a The Coop Wicked Chicken Card(s) or The Coop Wicked Chicken Gift Card, as applicable to the Prize in question (see Rule 12 above). No cash alternative or substitution of any Prize will be provided, except that the Sponsor, in its sole discretion, reserves the right to substitute a Prize of equal or greater value if any Prize cannot be awarded as described due to unavailability or for any other reason whatsoever.
By participating in the Contest, each Eligible Person unconditionally accepts and agrees to comply with and abide by these Official Rules and by the decisions of the Sponsor with respect to the Contest including without limitation with respect to the meaning and application of these Official Rules, which decisions shall be final and binding with respect to all aspects of the Contest.
The Sponsor will not enter into any correspondence with any person who is not a Potential Winner or a Winner.
In the event there is a discrepancy or inconsistency between the English-language version and the French-language version of these Official Rules or of any communication or thing related to the Contest or its administration, including without limitation, the Declaration and Release, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any communication or thing related to the Contest or its administration, including without limitation, the Declaration and Release, concerning or related to this Contest, and the provisions contained in these Official Rules, the provisions in these Official Rules shall prevail, govern and control.
14. Prizes will be delivered to a Winner by registered mail or courier to the address provided on his/her Entry Form within 8 weeks of the date that person is notified that he/she is the Winner of such Prize (to complete Prize delivery, a signed acknowledgment of receipt at the delivery location may be required). The Sponsor reserves the right to modify, at its sole discretion, the method of delivery of any Prize in the event that the Prize cannot be sent to the Winner due to any cause beyond the control of the Sponsor. If a Prize is returned by the shipper as “undeliverable” or “unclaimed”, the Prize will be void and will not be awarded in the Contest and the Winner of that Prize will have no claim against the Sponsor or any other person respecting the Contest or the Prize to which the Winner otherwise may have been entitled.
15. All expenses related or incidental to the receipt and use of any Prize, including any and all surcharges, taxes (federal, provincial and local) will be the sole responsibility of the Winner. Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Without limiting the generality of the foregoing, all expenses not specifically stated herein to be the responsibility of the Sponsor, will be the sole responsibility of the applicable Winner. No refund or compensation of any costs or expenses incurred by the Winner will be made.
16. If, due to printing or production or programming or any other type or kind of error(s) or omission(s) or for any other reason whatever, the number of Potential Winners coming forward seeking to claim Prizes exceeds the number of each type of Prize as set out in these Official Rules, the Potential Winners, or remaining Potential Winners, as the case may be, of the number and kind of Prizes described in these Official Rules as being available in the Prize category in question, in the sole discretion of the Sponsor, may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Potential Winner’s sole and exclusive remedy under such circumstances. In the Contest, in no event shall more than one (1) Grand Prize as outlined in section 12.
17. In the event of a dispute as to the identity of any person who submits an Entry Form into the Contest, the Entry Form in question will be deemed to have been submitted by the authorized account holder of the email account from which it was sent. The “authorized account holder” is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. A Potential Winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the email address associated with his/her potential winning Entry. If a dispute cannot be resolved to the Sponsor's satisfaction, the potential winning Entry will be deemed null and void.
18. If a Winner makes any false statement in any document, communication or Entry Form related to the Contest, the Winner will be required to promptly return the Prize (or, at the Sponsor's option, the cash equivalent of the Prize) to the Sponsor upon demand and at the Winner’s sole expense. Any attempt by anyone to damage or disrupt the Contest Website or the legitimate operation of the Contest will be considered a violation under criminal and civil law. The Sponsor reserves the right to seek damages or other remedies against such person to the fullest extent permitted by law, including criminal prosecution.
19. A Potential Winner or a Winner may not transfer the applicable Prize to any other person prior to the actual delivery to him/her of the Prize unless authorized in writing by the Sponsor before the transfer is made. Such authorization may be granted or withheld in the Sponsor’s sole discretion.
20. The Sponsor will not be responsible for: (i) lost, stolen, mutilated, late, misdirected, incomplete, falsified, tampered or ineligible Entry Forms; (ii) any failure of the Contest Website, including, but not limited to, incorrect, inaccurate or incomplete capture of information or recording on or by the Contest Website or the Contest Computer of any Entry Form or Entry; (iii) any damage to any Eligible Person’s or other person’s computer or wireless device used to access the Contest Website; (iv) lost, interrupted, inaccessible, incompatible or unavailable networks, servers, satellites, internet service providers, wireless carriers, web sites, telephone lines or facilities or other connection(s); (v) failed, jumbled, scrambled, delayed, or misdirected computer, email, regular or registered mail, courier delivery (or non-delivery) or service or telephone or cable transmissions, or hardware or software malfunctions, failures or difficulties; or (vi) any technical problems or technical malfunctions relating to the Contest, or for any printing, production or typographical errors or omissions or problems in connection with any Contest-related materials, including any computer, online, human or technical or telephonic or computer malfunction(s) that may occur in the administration of the Contest.
21. By entering the Contest, all Eligible Persons assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prizes offered or awarded herein or any other prize that may be awarded in connection with the Contest, including any and all losses, damages, rights, claims, costs, actions and causes of action including without limitation personal injury, death, and/or property damage with respect to the Contest or a Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, each Eligible Person releases and forever discharges and agrees to indemnify and hold harmless the Sponsor and ngage360 (the “Contest Entities”), and all of the employees, directors, officers, agents or representatives of the Contest Entities and all of the employees, directors, officers, agents or representatives of all of the Sponsor’s affiliated and associated entities and divisions and of the Sponsor’s advertising and promotional agencies, from and against any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy, resulting from the Eligible Person’s entering the Contest or that person’s acceptance, possession, or use or misuse of any Prize awarded to such Eligible Person. This assumption of liability and release and discharge and indemnity shall bind each Eligible Person’s heir(s), executor(s), legal representative(s) and assign(s).
22. By entering the Contest, each Eligible Person who is a Winner irrevocably grants to the Sponsor the right to include that Winner’s name and address (city and Province) and information (including e-mail address) on any of the Sponsor’s mailing/e-mail lists for promotional purposes, and to use that Winner’s name and address in any publicity carried out by the Sponsor, and agrees to grant to the Sponsor a non-exclusive irrevocable license and right to incorporate, use and reproduce his/her photograph, voice, name, likeness, city or original hometown and province or territory of residence, in whole or in part in and in connection with the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world whether now known or hereinafter devised, including without limitation, the Internet, the Contest Website, The Coop Wicked Chicken and/or The Coop Wicked Chicken Facebook pages (as well as any other The Coop Wicked Chicken online social networking and media marketing web pages), and all forms of print, radio, television, home-video, CD ROM, DVD, and other interactive “electronic” media, in perpetuity.
23. FORCE MAJEURE AND PRINTING AND PRODUCTION OR OTHER ERRORS OR OMISSIONS. Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest in any way. Without limiting the generality of the foregoing, subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest, if the Sponsor determines, in its sole discretion, that the Contest not capable of running as planned or that the Contest is impaired or corrupted or the Sponsor determines in its sole discretion that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors or omissions) have destroyed or severely undermined the proper conduct, play, administration, fairness, integrity, and/or feasibility of the Contest. In the event, in the Sponsor’s sole opinion, that the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any federal, Provincial, Territorial or local government law, order, or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsor shall have the right to disqualify any Eligible Person and/or to modify, suspend, extend or terminate the Contest and/or to modify these Official Rules.
24. INVALIDITY: If any provision(s) of the Official Rules is/are or becomes/become invalid, is/are ruled illegal by the Régie (defined below) or any court of competent jurisdiction, or is/are deemed unenforceable under the then current applicable laws, it is the intention of the parties hereto that the remainder of the Official Rules will not be affected thereby and will remain in full force and effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
25. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Eligible Persons and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause or bring about the application of any other jurisdiction’s laws. All Eligible Persons, the Sponsor, and all other parties hereby attorn to the jurisdiction of the courts of the Province of Ontario, sitting in the City of Burlington, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
26. COOPERATION IN PRIZE AWARD EVENT(S): In consideration of being awarded a Prize in the Contest, each Winner (and, if Winner is a Minor, his/her parent or legal guardian) agrees to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the awarding of a Prize to such Winner and/or related to the Winner’s participating in the enjoyment of the applicable Prize, including, without limitation, press events before, during and/or after the completion of any travel encompassed in the Prize.
27. QUEBEC ONLY: For Québec entrants, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
28. OFFICIAL RULES: These Official Rules will be available at www.cluckforus.com until November 20th, 2017. To receive a copy of the Official Rules, mail a postage-paid, self-addressed stamped envelope to The Coop Wicked Chicken Survey Contest, Official Rules Request, P.O. Box 7061, Innisfil, Ontario, Canada L9S 1A8. All requests must be received by November 4th, 2017. Limit one (1) request per outer envelope.
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