OH HENRY® and CIRCLE K®

“FEEDING FRENZY SWEEPS”

OFFICIAL RULES (the “Rules”)

NO PURCHASE NECESSARY. The OH HENRY and Circle K® / Couche-Tard® “Feeding Frenzy Sweeps” (the “Contest”) is sponsored by Hershey Canada Inc. (“Hershey”), Mac’s Convenience Stores Inc. (“Mac’s”) and Couche-Tard Inc. (“Couche-Tard and collectively with Hershey and Mac’s, the “Sponsors”), and will be administered by FCB Canada and 612 Creative Inc. (collectively, the “Administrators”).

The decisions of the Sponsors and the Administrators shall be final and binding and non-appealable in all respects.  This Contest is subject to all applicable federal, provincial, and municipal laws and is void where prohibited by law.

Subject to applicable laws, these Rules govern all aspects of the Contest including the Contest materials and are binding upon all participants. 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.

1. CONTEST PERIOD: The Contest begins on March 28, 2023 at 12:00:01 am Eastern Time (ET) and ends on May 29 2023 at 11:59:59 pm 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.

2. ELIGIBILITY: This Contest is open to legal residents of Canada only 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. Employees of the Sponsors, the Administrators, or their respective head office and branch offices, distribution centres, their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, administrators, advertising and promotion agencies, prize suppliers, agents, store operators and their employees, any entity that has been contracted with specific to this Contest and their respective immediate household/family members are NOT eligible to participate in the Contest. Immediate household/family members is defined, for these purposes, as including spouse, parents, children, siblings, and each of their respective spouses, and/or those persons with whom any of the above are domiciled (whether related or not). By participating in this Contest, each entrant (or in the case of a Minor, their parent/legal guardian) agrees to be bound by (i) these Rules; and, (ii) all decisions of the Sponsors and the Administrators, which are final in all respects.

3. HOW TO ENTER THE CONTEST: 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).

1. WEEKLY PRIZE ENTRIES

• In-Store Weekly Prize Entries: To enter the Contest for a chance to win a Weekly Prize (as such term is defined below), during the Contest Period: (a) visit a participating Circle K and/or Couche-Tard location in Canada; (b) purchase two (2) Participating Products (as defined in Section 12 below, subject to availability and while supplies last); (c) enter your mobile phone number on the LIFT screen at checkout; and (d) confirm that you have read, understood and accepted the Rules as well as the Sponsors’ Privacy Policy, then click on the “Enter” button. By doing so, you will receive one (1) entry for the Weekly Prizes Draws (as defined below) (each an “In-Store Weekly Prize Entry” and collectively, the “In-Store Weekly Prize Entries”). Limit: one (1) In-Store Weekly Prize Entry per person, per day and per mobile phone number.

• No Purchase Weekly Prize Entries: To enter the Contest for a chance to win a Weekly Prize (as such term is defined below) without purchase, during the Contest Period, please send your request, including the name of the Contest, your first name, province/territory of residence, age, mobile phone number, and include a 50-word minimum hand-written essay about “How Oh Henry solves your hunger” on a plain piece of white paper with a stamped, self-addressed envelope (including adequate return postage) to:

2. FEEDING FRENZY PRIZE ENTRIES

• In-Store Feeding Frenzy Prize Entries: To receive SMS notifications regarding the next Feeding Frenzy Period (as such term is defined below) in order to enter the Contest for a chance to win a Feeding Frenzy Prize (as such term is defined below), during the Contest Period: (a) visit a participating Circle K and/or Couche-Tard location in Canada; (b) scan the Contest QR Code shown on the LIFT screen or go to https://games.circlek.com/ca/feeding-frenzy (the “Contest Website”) to access the Contest entry page; (c) complete the entry form by entering your mobile phone number and confirm that (1) you agree to receive SMS notifications regarding the next Feeding Frenzy Period (as such term is defined below), and (2) you have read, understood and accepted the Rules as well as the Sponsors’ Privacy Policy by ticking the provided boxes, then click on the “Submit” button. By doing so, between May 1-29, 2023, you will receive up to fifteen (15) SMS inviting you to visit a participating Circle K and/or Couche Tard location in Canada during the four (4) one (1) hour specified windows to: (a) purchase a Participating Product (as defined in Section 12 below, subject to availability and while supplies last); (b) take a photo of your receipt, upload and submit it to the Contest Website and complete all mandatory fields of the entry form (the “Entry Form”), which may include your first name, last name, date of birth, email address and telephone number with area code, and confirm that you have read, understood and accepted the Rules as well as the Sponsor’s Privacy Policy by ticking the provided box, then click on the “Submit” button. By doing so, you will receive one (1) entry for the Feeding Frenzy Prize Draw (as such term is defined below) (each an “In-Store Feeding Frenzy Prize Entry” and collectively, the “In-Store Feeding Frenzy Prize Entries”). Limit: one (1) In-Store Feeding Frenzy Prize Entry per person, per Feeding Frenzy Period (as such term defined below).

• No Purchase Feeding Frenzy Prize Entries: To receive SMS notifications regarding the next Feeding Frenzy Period (as such term is defined below) in order to enter the Contest for a chance to win a Feeding Frenzy Prize (as such term is defined below) without purchase, during the Contest Period: (a) visit the Contest Website to access the Contest entry page; (b) complete the entry form by entering your mobile phone number and confirm that (1) you agree to receive SMS notifications regarding the next Feeding Frenzy Period (as such term is defined below), and (2) you have read, understood and accepted the Rules as well as the Sponsors’ Privacy Policy by ticking the provided boxes, then click on the “Submit” button. By doing so, between May 1-29, 2023, you will receive up to fifteen (15) SMS inviting you to write a hand-written 50-word minimum essay about “How Oh Henry solves your hunger” during the four (4) one (1) hour specified windows and upload and submit a photo of your essay to the Contest Website and complete all mandatory fields of the entry form (the “Entry Form”), which may include your first name, last name, date of birth, email address and telephone number with area code, and confirm that you have read, understood and accepted the Rules as well as the Sponsor’s Privacy Policy by ticking the provided box, then click on the “Submit” button.. By doing so, you will receive one (1) entry for the Feeding Frenzy Prize Draw (as such term is defined below) (each a “No Purchase Feeding Frenzy Prize Entry” and collectively, the “No purchase Feeding Frenzy Prize Entries”). Limit: one (1) No purchase Feeding Frenzy Prize Entry per person, per Feeding Frenzy Period (as such term defined below).

The In-Store Feeding Frenzy Prize Entries and the No Purchase Feeding Frenzy Prize Entries are each a “Feeding Frenzy Prize Entry” and collectively, the “Feeding Frenzy Prize Entries.”

The Weekly Prize Entries and the Feeding Frenzy Prize Entries are each an “Entry” and collectively, the “Entries.”

The entrant must submit each Entry personally. Multiple participants are not permitted to share the same email address or mobile device. Any attempt by any participant to obtain more than the stated number of Entries by using multiple/different email addresses, phone numbers, devices, identities, registrations or logins, or any other methods will void that participant’s Entries and that participant may be disqualified from the Contest. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all Entries by that entrant. In the event of a dispute as to any entry, the Authorized Account Holder of the device, phone number or email address used to enter will be deemed to be the entrant. The "Authorized Account Holder" of an email address is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the "Authorized Account Holder" of a device is the natural person in whose name the device has been issued and the services are billed and the “Authorized Account Holder” of a phone number is the natural person who is assigned to a telephone number by a carrier that is responsible for assigning telephone numbers. Phone numbers from Wi-Fi Texting apps are not supported and may not be used to participate in the Contest. Each potential winner may be required to show proof of being an Authorized Account Holder. Personal information submitted will be used for the purpose of administration of the Contest. By Participating in the Contest, you represent and warrant that you are the Authorized Account Holder. You shall be responsible and liable to the Sponsors and otherwise for any damages and other losses incurred in connection by them as a result of your submission of any email or phone number for which you are not the Authorized Account Holder.

4. PRIZES: The following Prizes are available to be won:

• Weekly Prizes: There are one hundred and twenty-six (126) weekly prizes available to be won during the Contest Period (each a “Weekly Prize” and collectively, the “Weekly Prizes”). Quantities will diminish as prizes are awarded.

Odds of winning a Weekly Prize depend on the number of eligible Weekly Prize Entries received at the time of the Weekly Prize Draw (as defined below).

• Feeding Frenzy Prizes: There are thirty-two (32) feeding frenzy prizes available to be won during the Contest Period (each a “Feeding Frenzy Prize” and collectively, the “Feeding Frenzy Prizes”). Quantities will diminish as prizes are awarded.

Odds of winning a Feeding Frenzy Prize depend on the number of eligible Feeding Frenzy Prize Entries received at the time of the Feeding Frenzy Prize Draw (as defined below).

Weekly Prizes and Feeding Frenzy Prizes may be collectively referred to as “Prizes”. Prizes must be accepted as awarded and are non-assignable and non-transferable.  No substitutions are available. Subject to the approval of the Régie des alcools, des course et des jeux with respect to participants from Quebec, the Sponsors, in their sole discretion, reserve the right to: (i) substitute all or any portion of the Prizes with another prize or portion thereof of equal or greater value, (ii) limit the number of Prizes awarded to the same person, email address, or physical address and (iii) modify any other awards, discounts, associated quantities and award schedule at any time during the Contest. Under no circumstances will the Sponsors be responsible for awarding and/or redeeming any items in excess of the Prizes and their respective quantities as listed above.

5. SELECTION AND NOTIFICATION OF PARTICIPANTS: For the purposes of this Contest, a “Day” shall mean a calendar day that begins at 12:00:00 AM (ET) and ends at 11:59:59 PM (ET). A “Week” shall begin on Tuesday and end on Monday.

• WEEKLY PRIZES

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 Prize Draws will be initiated by a Contest administrator (human) and processed by an algorithm (computer program) that simulates 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. 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 Sponsors or their 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.

• FEEDING FRENZY PRIZES

For each Feeding Frenzy Period during the Contest Period a Random Draw for that Feeding Frenzy Period’s Feeding Frenzy Prizes will be conducted in New Westminster, BC from all eligible Entries received during that Feeding Frenzy Period (each, a “Feeding Frenzy Prizes Draw” and collectively, the “Feeding Frenzy Prizes Draws”). Feeding Frenzy Prize Draws will be initiated by a Contest administrator (human) and processed by an algorithm (computer program) that simulates 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. Limit: one (1) Feeding Frenzy Prize per entrant and household for the Contest Period. Unselected Feeding Frenzy Prize Entries for a particular Feeding Frenzy Period will not roll over into subsequent Feeding Frenzy Prizes Draws. The Sponsors or their 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 Feeding Frenzy Prize 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 Feeding Frenzy Prize has been awarded or there are no eligible Entries remaining.

6. PRIZE REDEMPTION:

Before being declared a winner and being awarded a Prize, the selected participant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, time-limited, a mathematical skill-testing question to be administered by Administrators at a mutually convenient time. Sponsors reserve the right to administer an alternate test of skill as necessary to comply with applicable law.

The selected participant may be required to do any or all of the following: (i) supply proof of identification in a form acceptable to the Sponsors for verification of age and address, and (ii) verify they are the Authorized Account Holder of the phone number submitted with their entry. The selected participant (and if the participant is a Minor, the parent or legal guardian) will also be required to sign and return the Sponsor’s Declaration and Release Form (the “Release Form”), which (among other things): (i) confirms compliance with these Rules and acceptance of the applicable Prize as awarded without substitution; (ii) releases the Sponsors, their respective affiliated and related companies, the prize suppliers, advertising and promotional agencies, the independent contest judging organization and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assignees from any liability in connection with this Contest, the selected participant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) agrees 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 Sponsors in any manner whatsoever, including print, broadcast or the Internet. The Release form will be sent via text message from Circle K and must be filled out and returned electronically with proof of age (if requested by Sponsors) within five (5) business days of receipt and, if mailed, received within ten (10) business days. The Sponsors 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 or failing to return the properly executed Release Form within the time period indicated on the Release Form, or otherwise not complying with these Rules will cause the Prize to be forfeited and a new Random Draw held in accordance with the process for the applicable Prize, as described above in “Selection of Participants”.

Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, forged, falsified, altered or tampered with in any way. All prize claim and related forms become the property of the Sponsors.

In most cases, Prizes will be delivered to winners at the address submitted within four (4) to eight (8) weeks of receiving their correctly completed prize claim form and proof of age. The Sponsors are not responsible for contacting or forwarding prizes to winners who provide unclear or incomplete information, or for prizes lost, misdirected, delayed or destroyed while in transit.

7. USE OF PERSONAL INFORMATION: By participating in the Contest, Participants, or in the case of eligible Minor participants, their parent and/or legal guardian, if winners, consent to the use of their name, city of residence, photographs and/or images for publicity purposes in all media carried out by the Sponsors in respect of this Contest without payment or compensation or liability for use of same.

The Sponsors and the Administrators commit themselves to collect and use the personal information requested from Prize winners, such as name, phone number, and province/territory in regard to the Contest, solely and exclusively for: (i) the purposes of Prize redemption and delivering the Prize as provided for in the Rules; and (ii) in the case of the Sponsors, when consent has been given in accordance with Canada’s Anti-Spam Legislation (“CASL”), to promote and to market additional products and services offered by the Sponsors.   

The Sponsors and the Administrators will never, rent, sell or otherwise communicate or give out your personal information to any other person without your prior consent, which you may refuse or withdraw at any time. Please refer to the Sponsors’ online privacy policies at https://www.circlek.com/privacy-policy and https://www.hersheys.com/en_us/privacy-policy.html.

8. LIMITATION OF LIABILITY: By participating in the Contest, you release without limitation the Sponsors, the Administrators, and their respective affiliated and related companies, advertising and promotional agencies, the Prize suppliers, the independent contest judging organization (if any) and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (the “Releasees”) from any liability in connection with this Contest, the selected participant’s participation therein and/or the awarding and use/misuse of any Prize or portion thereof. 

Without limiting the generality of the foregoing, the Sponsors are not responsible or liable for: (i) incorrect or inaccurate entry of registration or entry information which may affect a participant’s ability to participate in the Contest; (ii) human errors, technical malfunctions, lost/delayed/corrupted data transmissions, omissions, interruptions, deletions, defects, line failures of any communications network, computer equipment, software or any combination thereof; (iii) any inability of a participant to access the website, or damage to a user's system occasioned by participating in the Contest; and (iv) entries which fail to fully comply with these Rules.  Entries and Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.

Neither the Sponsors nor the Administrators are responsible for contacting or forwarding Prizes to winners who leave unclear or incomplete information, or for Prizes lost, misdirected, delayed or destroyed while in transit from the Sponsors' premises. All Prize claims and related forms become the property of the Sponsors.

9. SUSPENSION OR TERMINATION OF CONTEST: Subject to the approval of the Régie des alcools, des course et des jeux with respect to participants from Quebec, the Sponsors and associates and agents authorized to act on their behalf, reserve the right, in their sole discretion and without notice to cancel, suspend, or modify the Contest, portions of the Contest, or Participants’ 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.  Any attempt to deliberately damage or tamper with the Contest, interfere with the proper administration of the Contest or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, the Sponsors and the Promotion Group reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal and/or civil prosecution.

10. GENERAL: These Official Rules are available online at the Contest Website. All entrants agree to abide by the Official Rules, which are subject to change at any time at the sole discretion of the Sponsors, and with the consent of the Régie des alcools, des courses et des jeux with respect to participants from Quebec, and by the decisions of the Sponsors, which are final and binding in all respects.

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 Ontario.  The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

QUEBEC RESIDENTS ONLY: Any litigation respecting the conduct or organization of a publicity 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 only for the purpose of helping the parties reach a settlement.

For more details about the Contest or for any inquiries, please contact a promotional representative at the following address:

“FEEDING FRENZY SWEEPS” c/o FCB Canada

#302C – 219 Dufferin Street

Toronto, Ontario M6K 3J1

All registered and unregistered trademarks presented are owned by their respective owners and used with permission.

12. LIST OF PARTICIPATING PRODUCTS: