The GURU Organic Energy® Whistler Contest RULES
The GURU Organic Energy® Whistler Contest (the “Contest”) available at participating Circle K® establishments in the Territory (as defined below) is sponsored by GURU Beverages Inc. (“GURU” or the “Sponsor”) and administered by 612 Creative Inc. (the “Administrator”).
NO PURCHASE NECESSARY. THIS CONTEST IS OPEN TO RESIDENTS OF BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, MANITOBA, NORTHWEST TERRITORIES, ONTARIO, NOVA SCOTIA, NEW BRUNSWICK, NEWFOUNDLAND, AND PRINCE EDWARD ISLAND (THE “TERRITORY”) WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THEIR TERRITORY AT THE TIME OF ENTRY and shall be construed and evaluated according to the laws of Canada. Please do not proceed unless you are a resident of Canada at the time of entry. By participating in the Contest, you (the “Participant”), or in the case of a minor, your parent or legal guardian, fully and unconditionally agree(s) to accept these Official Rules (the “Rules”) and the decisions of the Sponsor, whose decisions shall be final and binding and non-appealable in all respects. This Contest is subject to all applicable federal, provincial, and municipal laws of Canada. Contest void where prohibited by law.
Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. The Sponsor reserves the right to make changes to the Contest at any time, with or without notice, in its sole discretion, for any reason whatsoever, subject only to applicable legal requirements.
Subject to applicable laws, these Rules govern all aspects of the Contest 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 any advertising, these Rules shall take precedence.
- CONTEST PERIOD: The Contest begins on September 13, 2022, at 12:00:01 am Eastern Time (ET) and ends on November 7, 2022, at 11:59:59 pm ET (the “Contest Period”). All entries must be received by 11:59:59 PM ET on November 7, 2022 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
- ELIGIBILITY: This Contest is open to residents of British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories, Ontario, Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island only who have reached the legal age of majority in their Territory at the time of entry. Employees, officers, directors, agents or representatives of the Sponsor, the Administrator, Mac’s Convenience Stores Inc., Couche-Tard Inc., PepsiCo Canada ULC, 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 for purposes of this Contest, and their respective immediate household/family members are NOT eligible to participate in the Contest. Immediate household/family members are 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). An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
Participating Products (subject to product availability, while supplies last):
- GURU Organic Energy® 355mL, any flavor
NO PURCHASE ENTRY: Purchase is not required and does not enhance a person’s chances of winning. If you wish to enter the Contest without purchase, please use one (1) of the following codes and follow the process outlined above: 701648010146, 701648010153, 701648010290, 701648010276, 701648010252.
Although online access and an email account are required in order to participate in the Contest, no purchase is required; many public libraries, Internet cafés, retail businesses and others offer access to the Internet and a number of Internet service providers and other companies offer free email accounts.
Entries shall be deemed to be submitted by the authorized mobile or email account holder of the mobile phone number or email address used to enter the Contest. “Authorized 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 or, in the case of email, the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. You may participate in the Contest ONLY using a mobile phone number or email address for which you are the Authorized Account Holder. An eligible Prize winner may be required to provide proof that he/she is the Authorized Account Holder associated with the selected mobile phone number or email address. By submitting a phone number or email address to enter the Contest, you represent and warrant that you are the Authorized Account Holder. You shall be responsible and liable to the Contest Sponsor and otherwise for any damages and other losses incurred in connection by them as a result of your submission of any phone number or email address for which you are not the Authorized Account Holder. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the Authorized Account Holder of the mobile phone number or email address provided at time of entry.
Limit: one (1) entry per person per day during the Contest Period.
Any attempt to earn extra entries by using multiple/different phone numbers, email addresses, identities, 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 will void all entries by that Participant. All entries become the property of the Contest Sponsor and will not be returned. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
- PRIZES AND HOW TO WIN:
- Weekly Prizes: There are a total of eight (8) weekly prizes: three (3) Bluetooth speakers, average retail value of $600 each, three (3) electronic tablets, average retail value of $1,700 each and two (2) earphone headsets, average retail value of $550 each, one (1) weekly prize to be awarded each week of the Contest Period (each a “Weekly Prize”). Odds of winning a Weekly Prize depend on the number of eligible entries received at the time of each draw. Non-winning entries will not be carried over into subsequent draws. Maximum one (1) Weekly Prize per person during the Contest Period. Draws will be conducted each week as detailed in the table below to select Weekly Prize winners.
- Grand Prize: There is one (1) grand prize available to be won consisting of a travel voucher for a trip for the winner and one (1) guest to Whistler, BC valid in 2022-2023, value of $5,000 CAD (the “Grand Prize”). The Grand Prize may be awarded by cheque. Odds of winning the Grand Prize depend on the total number of eligible entries received throughout the Contest Period. The Grand Prize draws will occur November 14, 2022 at approximately 12:00 noon ET by the Administrator in New Westminster, BC, from among all eligible entries received throughout the Contest Period to select one (1) potential Grand Prize winner.
Grand Prize winner and guest irrevocably waive all claims against the Releasees (as defined in section 5 below), and agree that they will have no liability or responsibility for any claim arising in connection with participation in this Contest, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of participant’s participating in the Contest and related activities (e.g., travel), wherever, whenever or however the same may occur. Grand Prize winner and guest fully understand that (a) the coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
The winner and his / her guest are responsible for all expenses not specifically included in the Grand Prize, including accommodation, transportation costs, meals, alcohol, entertainment in room, car rental, insurance, medical and/or health costs, excess baggage costs, communication costs and all other personal and incidental costs. Without limiting the generality of the foregoing, the Grand Prize winner and his/her guest are responsible for obtaining all required medical and travel-related necessities (including vaccinations) and documentation. If the Grand Prize winner and/or his/her guest does not have proper travel documentation, or any applicable permission to enter the destination province, or does otherwise not accept or participate in any portion of the Grand Prize for any reason whatsoever, then that portion of the Grand Prize is forfeited by the Grand Prize winner (and his/her guest), and the Contest Sponsor shall have no further obligation or liability to Grand Prize winner with respect to the forfeited portion of the Grand Prize.
Weekly Prizes and Grand Prizes may be collectively referred to as “Prizes”. Prizes must be accepted as awarded and cannot be substituted, exchanged, or surrendered for cash, except at the sole and absolute discretion of the Sponsor, which may award a substitute prize of equal or greater value. Prizes are non-assignable and non-transferable. The Sponsor, in its sole discretion, subject only to legal requirements, reserves the right to: (i) substitute all or any portion of the Prizes with another prize or portion thereof of equal or greater value, and (ii) limit the number of Prizes awarded to the same person.
Eligible Days of Entries
Draw Date & Time
September 13, 2022 to September 19, 2022
September 20, 2022, at 12pm ET
September 20, 2022 to September 26, 2022
September 27, 2022, at 12pm ET
September 17, 2022 to October 3, 2022
October 4, 2022, at 12pm ET
October 4, 2022 to October 10, 2022
October 11, 2022, at 12pm ET
October 11, 2022 to October 17, 2022
October 18, 2022, at 12pm ET
October 18, 2022 to October 24, 2022
October 25, 2022, at 12pm ET
October 25, 2022 to October 31, 2022
November 1, 2022, at 12pm ET
November 1, 2022 to November 7, 2022
November 8, 2022, at 12pm ET
Weekly Prize draws as listed above will occur at approximately 12:00 noon ET by the Administrator in New Westminster, BC, from among all eligible entries received each day to select one (1) potential Weekly Prize winner. For the purposes of this Contest, a “day” shall mean a calendar day that begins at 12:00 am (ET) and ends at 11:59:59 pm (ET).
- PRIZE NOTIFICATION AND HOW TO CLAIM A PRIZE:
If you are selected as a potential winner of a Weekly Prize or the Grand Prize, you will be notified by a telephone call to the mobile phone number submitted at the time of entry within five (5) business days following the draw (the “Prize Notification”).
In most cases, Prizes will be delivered to winners at the email address/address submitted within four (4) to eight (8) weeks of receiving their correctly completed Declaration and Release form described below.
Before being confirmed as a winner of any Prize, a potential winner must complete and return, within five (5) business days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
- confirms compliance with these Rules;
- acknowledges acceptance of the Prize as awarded;
- releases the Sponsor, the Administrator, PepsiCo Canada ULC, Mac’s Convenience Stores Inc., Couche-Tard Inc., 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, members, agents, dealers, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
- confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the Internet.
As it relates to the Grand Prize, the winner’s guest, will also be required to complete and return a Declaration and Release.
Further, prior to being confirmed as a winner of any Prize, a potential winner must also correctly answer a mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, to be administered by telephone at a mutually acceptable time by the Sponsor’s designated agent.
If a potential winner fails to return the properly executed Declaration and Release, including the potential winner’s guest Declaration and Release, within the specified time period, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner may be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she may be disqualified at the sole and absolute discretion of the Sponsor and an alternate potential winner may be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or a process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. A disqualified winner will not receive any alternate prize, substitution, or compensation.
Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
- USE OF PERSONAL INFORMATION: By participating in the Contest, entrants, 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 Sponsor, Mac’s Convenience Stores Inc. or Couche-Tard Inc. (collectively, “Circle K/Couche-Tard”), in respect of this Contest without payment or compensation or liability for use of same.
The Sponsor, the Administrator and Circle K/Couche-Tard commit themselves to collect and use the personal information requested from Prize winners, such as name, email address, province/territory and mobile telephone number 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 Circle K/Couche-Tard, 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 Circle K/Couche-Tard. The Sponsor, the Administrator and Circle K/Couche-Tard 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 our online privacy policies https://www.circlek.com/privacy-policy and https://www.pepsico.ca/en-ca/privacy
- LIMITATION OF LIABILITY: By participating in the Contest, you release without limitation 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 Releasees are not responsible or liable for: (i) incorrect, incomplete, 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 Contest 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 Sponsor nor the Administrator are 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. All Prize claims and related forms become the property of the Sponsor.
Participants hereby acknowledge that the Releasees have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes (or any components thereof) and that, except to the extent prohibited by applicable law, each Prize is provided "as is" without warranty of any kind, either express or implied. Releasees hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
- DISQUALIFICATION. The Sponsor reserves the right to deny a Participant the right to enter the Contest or to win a Prize if it determines, in its sole discretion, that the Participant has attempted to interfere with the proper running of the Contest by cheating, hacking, deception or other unfair practices (including the use of rapid automatic entry programs) or that they have attempted to annoy, abuse, threaten or harass other entrants or the Sponsor. The Sponsor reserves the right to exclude any Participant who does not comply with these Rules or who refuses to participate in any investigation or inquiry regarding a lack of compliance. Any attempt by a Participant or any other person to deliberately damage a website or interfere with the smooth operation of the Contest, including any fraudulent claim, may constitute a violation of criminal and civil laws. In such a case, the Sponsor reserves the right to exercise remedies and claim damages to the fullest extent permitted by law. Any Participant involved in any of the above activities could be declared ineligible and forfeit any Prize won. The Sponsor reserves the unconditional right, at its sole discretion, to reject any entry form if it suspects that it was generated by a script, a macro command, a robotic reproduction, automatic programming or other automatic process, or if it violates these Rules.
- EVENTS INTERFERING WITH CONTEST ADMINISTRATION:
- Termination, Modification or Suspension: The Sponsor may, at its sole discretion and without liability to Contest Participants, terminate the Contest in whole or in part, or modify or suspend the Contest at any time without notice, in the event any of the following situations arise in the Sponsor’s sole opinion: any impedance or prevention of the Sponsor’s ability to administer the Contest as planned or intended by an event beyond the Sponsor’s control, including but not limited to an act of God, fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, telecommunications equipment failure, utility-related disruptions, software viruses, software bugs, computer programming errors, terrorist threat or activity, war (declared or undeclared), any federal, provincial, territorial or local government law, order or regulation, public health crisis, pandemic, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control. Without restricting the generality of the foregoing, if for any reason more entrants receive notification of eligibility to win a Prize than the number of Prizes stated herein, the Sponsor reserves the right, in its sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of Prizes stated in these Rules via a random drawing for the Prizes not yet distributed at the time the Contest is terminated, suspended or amended.
- Procedure Upon Early Termination: In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.
- CONFLICTS/DISCREPANCIES: In the event of any discrepancies between the English language Rules and the non-English language Rules, the English Rules shall prevail. In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.
- GOVERNING LAW: This Contest is subject to all applicable federal, provincial, and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All Participants consent to the jurisdiction and venue of the Province of Ontario.
- INVALIDITY: 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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