FROSTER FOR A YEAR CONTEST
OFFICIAL RULES
(the “Rules”)
NO PURCHASE NECESSARY TO ENTER.
- CONTEST PERIOD AND SPONSOR. The “Froster® for a Year Contest” (the “Contest”) is sponsored by Couche-Tard Inc. and Mac’s Convenience Stores Inc. (collectively, the “Sponsor”) and is administered by 612 Creative Inc. (the “Administrator”). The Contest begins on May 2, 2023 at 12:00:01 a.m. Eastern Time (“ET”) and ends on May 29, 2023 at 11:59:59 p.m. ET (the “Contest Period”). The clock used by the Sponsor to compute Entries (as defined below) will be the official clock to determine the date and time of receipt of an Entry.
- ELIGIBILITY. THIS CONTEST IS OPEN TO RESIDENTS OF BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, MANITOBA, and NORTHWEST TERRITORIES, (collectively, the “Territory”) who at the time of entry: (i) have reached the legal age of majority in their province/territory of residence; or (ii) are thirteen (13) years of age or older, but under the legal age of majority in their province/territory of residence (each, a “Minor”) and have permission from their parent/legal guardian who has agreed, on such Minor’s behalf and on his/her own behalf, that each of them will be bound by these Rules. The following persons are not eligible to win a Prize: officers, directors, shareholders, employees, agents and/or representatives of the Sponsor and/or the Administrator and their respective affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and/or any other party related to the Contest. Also, any member of the immediate family of the persons mentioned in this section and any person living with them under the same roof (whether or not a member of their immediate family) are not eligible to win a Prize. The term “immediate family” means fathers, mothers, brothers, sisters, children, husbands, wives or spouses of the persons mention in this section, regardless of where they live. The Contest is not open and void where prohibited by law.
- AGREEMENT TO BE LEGALLY BOUND. By participating in this Contest, each entrant agrees to be bound by (i) these Rules; and (ii) all decisions of the Sponsor and the Administrator, which are final in all respects. In the event of any inconsistency between the Rules and the conditions and explanations appearing on any other documents, including the Contest materials, these Rules shall take precedence.
- HOW TO ENTER. NO PURCHASE NECESSARY. Standard text messaging and/or Internet access fees may apply (check your carrier plan for your standard text messaging and internet access fees). During the Contest Period, visit a participating Circle K store in the Territory and purchase any size Froster to receive a contest scratch card, subject to availability and while supplies last. Limit: One (1) scratch card for each Froster purchased. Each scratch card reveals a unique code for a chance to win a Prize (each a “Unique Code”). Visit http://games.circlek.com/ca/western/froster (the “Contest Website”) during the Contest Period, select your province/territory of residence, enter the Unique Code, fill out the online entry form by completing the mandatory fields including your province/territory of residence, postal code, first name, mobile phone number, email address, and other fields as presented, and click submit. By doing so, you will obtain between five (5) and fifteen (15) in-store entries into the Contest (each an “In-Store Entry” and collectively, the “In-Store Entries”). The number of In-store Entries allocated to each unique code submission is determined randomly by an algorithm.
NO PURCHASE ENTRY: Purchase is not required and does not enhance a person’s chances of winning. If you wish to obtain a Unique Code without purchase, please send your request, including the name of the Contest, your first name, email address, and include a 25-word minimum hand-written essay about “What you would invent as a Froster flavour” on a plain piece of white paper with a stamped envelope to:
“Circle K Froster for a Year Contest” c/o 612 Creative
#204 – 768 Columbia Street
New Westminster, British Columbia V3M 1B4.
Upon receipt of your eligible submission, one (1) eligible no purchase Unique Code (the “No Purchase Code”) will be emailed to the email address provided in the submission. Maximum of one (1) No Purchase Code will be sent per email response. To complete your no purchase entry, visit the Contest Website during the Contest Period, select your province/territory of residence, enter the No Purchase Code, fill out the online entry form by completing the mandatory fields including your province/territory of residence, postal code, first name, mobile phone number, email address, and other fields as presented, and click submit. By doing so, you will obtain between five (5) and fifteen (15) no purchase entries into the Contest (each an “No Purchase Entry” and collectively, the “No Purchase Entries”). The number of No Purchase Entries allocated to each unique code submission is determined randomly by an algorithm.
The In-Store Entries and the No Purchase Entries are each an “Entry” and collectively, the “Entries.” There are no limits with respect to the number of unique codes entered per person, per mobile phone number.
The Sponsor is not responsible for lost, stolen, or destroyed No Purchase Entries or No Purchase Codes. The Sponsor reserves the right to limit the number of No Purchase Codes sent to five (5) per day to the same address. All requests for No Purchase Codes must be post-marked and received during the Contest Period. The Sponsor assumes no responsibility for lost, stolen, delayed, illegible, damaged, misdirected, late, or otherwise ineligible requests for No Purchase Codes, all of which are void.
Entries shall be deemed to be submitted by the Authorized Account Holder of the mobile phone number used to enter the Contest. “Authorized Mobile Account Holder” of a mobile phone is defined as the natural person who is assigned to a cellular telephone number by a wireless carrier that is responsible for assigning cellular telephone numbers. You may participate in the Contest ONLY using mobile phone numbers for which you are the Authorized Mobile Account Holder. Phone numbers from Wi-Fi texting apps are not supported and are not permitted to be used to participate in the Contest. An eligible Prize (as defined below) winner may be required to provide proof that he/she is the Authorized Mobile Account Holder associated with the selected mobile phone number. By submitting a phone number, you represent and warrant that you are the Authorized Mobile Account Holder. You shall be responsible and liable to the Sponsor for any damages and other losses incurred by them as a result of your submission of any phone number for which you are not the Authorized Mobile Account Holder.
Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different mobile phone numbers, identities, or any other methods will void that entrant’s Entries and that entrant may be disqualified from the Contest at the Sponsor’s discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in the disqualification of the entrant.
- BONUS ENTRIES. Eligible entrants may also receive bonus entries (each, a “Bonus Entry” and collectively, the “Bonus Entries”) by performing certain actions. Bonus Entries will be awarded as follows:
- PRIZING. The following prizes (the “Prizes”) are available to be won:
- Weekly Prizes. The following weekly prizes (each, a “Weekly Prize” and collectively, the “Weekly Prizes”) are available to be won during the Contest Period:
Weekly Prizes
Value
Quantity
Froster Pool Float
$80
50
TOTAL:
$4,000
50
Odds of winning a Weekly Prize depend on the number of eligible Weekly Prize Entries received during the Contest Period. The approximate retail value (“ARV”) of all Weekly Prizes is four thousand Canadian Dollars ($4,000 CDN)
- Grand Prizes. The following grand prizes (each, a “Grand Prize” and collectively, the “Grand Prizes”) are available to be won during the Contest Period:
Grand Prizes
Value
Quantity
Froster for a Year (365 free Frosters, any size, over 1 year)
$1,099.67
16
TOTAL:
$17,594.72
16
Odds of winning a Grand Prize depend on the number of eligible Grand Prize Entries received during the Contest Period. The ARV of all the Grand Prizes is seventeen thousand five hundred ninety-four dollars and twenty-two cents Canadian Dollars ($17,594.72 CDN).
Grand Prize Terms of Use
A Grand Prize winner will be provided with a custom Grand Prize Froster Card (the “Froster Card”). The use of the Froster Card constitutes your acceptance of these Rules, as amended from time to time by the Sponsor in its sole discretion.
Redeeming the Prize
The Froster Card will allow the winner to redeem up to 365 Frosters of any size, over one (1) year (the “Validity Period”). The Validity Period will begin on the date stated on the Froster Card. Such date shall be identified as the third business days following the day the Froster Card is shipped to the winner. The winner’s name will be printed on the Froster Card. The Froster Card must be handed to the clerk at the cash register to redeem the free Froster with a valid government issued ID, whenever used. The name on the Froster Card must match the government issued ID. The clerk will then input the the amount of Frosters provided to the winner into the system to allow the Sponsor to track the total of Frosters redeemed and remaining on the Froster Card. The prize may only be redeemed at participating Circle K locations in Western Canada (BC, AB, SK, MB, and NWT).
The available balance of free Frosters will expire one (1) year from the validity period start date listed on the Froster Card. The Froster Card can only be used to obtain free Frosters, any size. The full stored value of the Froster Card will be applied to the total eligible amount of your in-store purchase. Any unused portion will remain on the Froster Card and can be applied towards future in-store purchases for the Validity Period. There is no limit to the number of uses in a single transaction, up to the maximum amount of 365 Frosters. The Froster Card cannot be resold. The Froster Card is not redeemable for cash, except where required by law.
No cash back for unused Froster balances on the Froster Card, except where required by law. The Froster Card may be void if altered, damaged or defaced. The Froster Card cannot be used for mobile or delivery orders. Froster Cards cannot be replaced if damaged, altered, lost or stolen, provided however, that a comparable replacement card may made available to the winner at a cost of $5 plus applicable taxes. Sponsor reserves the right to cancel or refuse a Froster Card associated with an unauthorized transaction at any time. In the event the Sponsor may need to substitute a Froster Card with another prize after issue. In such an instance, the Sponsor will review the outstanding balance of free Frosters remaining on the Froster Card and substitute it with something of equal or greater value, which may include but is not limited to a cash payout. The amount of the outstanding balance will be calculated as the number of remaining free Frosters available multiplied by $2.69. Any Froster Card inquiries can be directed to [email protected].
The Weekly Prizes and the Grand Prizes are each, a “Prize” and collectively, the “Prizes.”
The Prize and their components must be accepted as awarded and, except as otherwise expressly indicated by the Sponsor, cannot be transferred, substituted or exchanged, in whole or in part, for another prize or money.
The Sponsor, in its sole discretion, reserves the right to: (i) substitute all or any portion of the Prize with another prize or portion thereof of equal or greater value; and (ii) modify a Prize and award schedule at any time during the Contest. Under no circumstances will the Sponsor be responsible for awarding and/or redeeming any items in excess of the Prize and their respective quantities as listed above. Prizes may be different from the pictures shown in the Contest’s promotional materials. Prize may also be subject to additional terms and conditions.
- Weekly Prizes. The following weekly prizes (each, a “Weekly Prize” and collectively, the “Weekly Prizes”) are available to be won during the Contest Period:
- SELECTION AND NOTIFICATION. For the purposes of this Contest, a “Day” shall mean a calendar day that begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m. A “Week” shall begin on Tuesday at 12:00:00 a.m. ET and end on Monday at 11:59:59 p.m. ET.
The Weekly Prizes Draws and the Grand Prizes Draws will be initiated by a Contest administrator (human) and processed by an algorithm (computer program) that simulates a random draw (a “Random Draw”). Any attempt to manipulate or tamper with the winner selection system or the database of Entries will result in disqualification and possible criminal prosecution.
- Weekly Prizes Draws. For each Week during the Contest Period a Random Draw for that Week’s Weekly Prizes will be conducted in New Westminster, BC from all eligible Entries received during that Week (each, a “Weekly Prizes Draw” and collectively, the “Weekly Prizes Draws”). Weekly Prizes Draws will occur on or before the Friday following the end of the prize Week. Limit: one (1) Weekly Prize per entrant and household for the Contest Period. Unselected Weekly Prize Entries for a particular Week will not roll over into subsequent Weekly Prizes Draws. The Sponsor or its designated representative will make up to three (3) attempts to contact the selected entrants by text message to the mobile phone number submitted at the time of Entry within five (5) business days following the Weekly Prizes Draw. If the selected entrant: (i) cannot be contacted within three (3) attempts or five (5) business days of being selected (whichever occurs first); or (ii) there is a return of any notification as undeliverable, then the selected entrant will be disqualified and an alternate entrant will be randomly selected from among the remaining eligible Entries received. If time permits, the process noted above will be repeated up to three (3) times, until a selected entrant has been contacted and the Weekly Prize has been awarded or there are no eligible Entries remaining.
- Grand Prizes Draws. The Random Draws for the Grand Prizes will be conducted on or before June 7, 2023 (the “Grand Prizes Draw Date”) in New Westminster, BC from all eligible Entries received during the Contest Period (each a “Grand Prizes Draw” and collectively, the “Grand Prizes Draws”). Limit: one (1) Grand Prize per entrant and household during the Contest Period. The Sponsor or its designated representative will make up to three (3) attempts to contact the selected entrants by text message to the mobile phone number submitted at the time of Entry within five (5) business days following the Grand Prizes Draw. If the selected entrant: (i) cannot be contacted within three (3) attempts or five (5) business days of being selected (whichever occurs first); or (ii) there is a return of any notification as undeliverable, then the selected entrant will be disqualified and an alternate entrant will be randomly selected from among the remaining eligible Entries received. If time permits, the process noted above will be repeated up to three (3) times, until a selected entrant has been contacted and the Grand Prize has been awarded or there are no eligible Entries remaining.
- PRIZE CLAIM CONDITIONS. To be declared a winner and be awarded the Prize, the selected entrant must: (i) respond to the selection notification within the time period described above; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered at a mutually agreed upon time; and (iii) otherwise comply with these Rules. As a condition of being declared a winner, the selected entrant may also be required to do any or all of the following: (i) supply proof of age consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification; supply proof of address consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification, (ii) supply proof that they are the Authorized Mobile Account Holder associated with the selected mobile phone number, and (iii) sign and return the Sponsor’s Declaration and Release Form (the “Release Form”). The Release Form (among other things): (i) confirms compliance with these Rules and acceptance of the Prize as awarded without substitution; (ii) releases the Sponsor, the Administrator their affiliates and related companies, the prize suppliers, advertising and promotional agencies and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns from any liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) confirms winner’s agreement to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or 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 or the Internet. The Release Form must be received by the Sponsor within the time period indicated on the Release Form. The Sponsor and their agents assume no responsibility for lost, stolen, delayed, illegible, damaged, misdirected, late, or otherwise void Release Forms.
Declining the Prize, failing to correctly answer the mathematical skill-testing question, failing to return the properly executed Release Form within the time period indicated on the Release Form or otherwise failing to comply with these Rules will cause the Prize to be forfeited and a new random draw held in accordance with the process described above.
The Prize will be delivered to the winner at the address submitted in the Release Form within eight (8) to twelve (12) weeks of receiving their correctly completed documentation. The Sponsor is not responsible for contacting or forwarding the Prize to a winner who leaves unclear or incomplete information, or for lost, misdirected, delayed or destroyed Prize while in transit.
- LIMITATION OF LIABILITY AND RELEASE. By participating into the Contest, entrants agree to release and hold harmless the Sponsor, the Administrator and their respective affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors, suppliers and any other interveners related to the Contest and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the participation in the Contest or misuse of any Prize.
Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Contest Website in whole or in part for any reason; service interruptions or disconnections of Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Contest or acceptance, use, implementation or misuse of any Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.
- PRIVACY. The Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry to the Contest for the purposes of administering the Contest and Prize fulfillment. The winner (and in the case of eligible minor participants, their parent and/or legal guardian) consents to the Sponsor’s use of their name, photograph, city, voice, image and/or statement, related to their Prize for publicity purposes in any manner or media including the Internet, at any time, in perpetuity, without compensation, notice or liability for use of same.
The opportunity to receive other communications about the Sponsor’s products, Contests and other promotional offers may be provided by the Sponsor. Please refer to the Sponsor’s privacy policy for more information about how we manage your personal information: https://www.circlek.com/privacy-policy.
- RIGHT TO MODIFY / SUSPEND / TERMINATE. The Sponsor and its authorized agents reserve the right, in their sole discretion, and without notice to cancel, suspend, or modify the Contest, in all or in parts, or entrants’ eligibility for any reason, including without limitation in the event of any printing, administrative error, virus, bug, unauthorized human intervention, tampering, fraud, equipment failure, security breaches or other causes which corrupt or affect the administration, security, fairness or proper conduct of the Contest.
- GENERAL CONDITIONS. The Sponsor reserves the right, in their sole discretion, to disqualify from this Contest any person that the Sponsor reasonably believes has tempered or attempted to temper with the entry process, the operation of the Contest or the Contest Website, who does not comply with these Rules or acts in a manner that goes against the spirit of the Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CONTEST PLATFORM/APPLICATION (OR A WEBSITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All decisions rendered by the Sponsor regarding any aspects of the Contest are final. The Contest is subject to all applicable federal, provincial and municipal laws. These Rules shall be governed by and construed in accordance with the laws of the province of Ontario, and the laws of Canada, as applicable therein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action arising out of or connected with these Rules shall be resolved individually, and exclusively by the courts in Toronto, Ontario. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.
For further Contest details or inquiries contact a promotional representative at:
“Circle K Froster for a Year Contest” c/o 612 Creative
#204 – 768 Columbia Street
New Westminster, British Columbia V3M 1B4