MONSTER ENERGY CANADA LTD.
“Circle K National Gaming Promotion”
- 1. The “Circle K National Gaming Promotion” (the “Sweepstakes”) is only open to legal residents of British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories, Ontario, Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island, who have reached the age of majority in their province or territory of residence at the time of entry, except employees, representatives and agents, and members of their immediate families (i.e. parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Monster Energy Canada Ltd. (“Monster” or “Sponsor”), Circle K Stores, Inc. (“Circle K”), participating Circle K stores (subsidiaries of Alimentation Couche-Tard Inc.), Sponsor’s SMS provider: GOcxm Corp (“GOcxm”), the fulfillment administrator: LPi Communications Group Inc. (“LPi Group” or “Administrator”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”).
- 2. Sponsor: Monster Energy Canada Ltd.
SMS Provider: GOcxm
Agreement to Official Rules
- 3. By participating in the Sweepstakes, entrant fully and unconditionally agrees to, and accepts, these official rules (the “Official Rules”) and the decisions of the Sponsors and Administrator, which are final and binding in all matters related to the Sweepstakes.
- 4. The Sweepstakes begins at 12:01 AM Eastern Time ("ET"), on November 8, 2022, and ends at 11:59 PM ET, on January 2, 2023 (collectively the "Promotion Period"). GOcxm’s computer is the official time-keeping device for this Sweepstakes.
How to Enter
- 5. No Purchase Necessary. To enter, complete the following steps:
Step 1: Scan the QR code printed on point-of-sale materials found in stores;
Step 2: Fill in the required fields and accept the GOcxm terms and conditions. Sweepstakes’ entrants will be required to consent to receiving electronic messages, and the collection, use, storage, and disclosure, of their personal information by Sponsor and GOcxm for the purposes of the Sweepstakes via message to complete their entry;
Step 3: You will receive the following message: “You have been entered into the Grand Prize and Secondary Prize draws.”
- 6. Regular text messaging rates, airtime, data, and carrier charges may apply; no other costs or other obligation will be incurred, by entering the Sweepstakes. The complete official rules can be found at: https://www.monsterenergyrules.com/circlekgaming
- 7. All entries must be received during the Promotion Period. Entries which are incomplete, late, lost, irregular in any way or sent by an unauthorized method are void and will not be eligible or accepted at the time of the draw. Only one (1) entry per mobile phone number, per day. Only one (1) mobile phone number may be used by any one person to participate in this Sweepstakes. Any personal information submitted will be used for the purposes of administering this Sweepstakes only.
- 8. Entries will only be accepted as described herein and will not be accepted by any other means. The potential winner will be identified as the authorized account holder of the phone number used to enter the Sweepstakes.
- 9. Grand Prize: There is one (1) “Grand Prize” available to be won. The Grand Prize is an exclusive on-line streaming session with Khonviction and one (1) Monster Energy® gaming package, including: one (1) Monster Energy® gaming chair, one (1) game controller, one (1) pair of wireless earbuds, one (1) ultra desktop phone charger and one (1) Monster Energy® backpack. The duration of the on-line stream time will be a minimum of one (1) hour. The approximate retail value (ARV) of the Grand Prize is $1089.00 CAD.
Potential Grand Prize winner will be vetted by Monster Energy® to be eligible to win. Monster Energy® will terminate stream if the winner is being disrespectful or rude in any way.
Secondary Prizes: There are three (3) “Secondary Prizes” available to be won. Each Secondary Prize is a Monster Energy® gaming chair. The approximate retail value (ARV) of each Secondary Prize is $600.00 CAD.
- 10. From time to time herein, the Grand Prize and Secondary Prizes may be individually referred to as a “Prize” and collectively the “Prizes”. Prize suppliers are independent parties over which Monster does not exercise any control. Monster is not responsible for the acts or omissions of these suppliers, nor does it assume responsibility for any warranty, claims, losses, damages, costs, expenses, delays, or loss of enjoyment to any prize winner.
- 11. Each Prize must be accepted as awarded, and may not be assigned, substituted or redeemed for cash value. In case of the unavailability of any Prize, Sponsor reserves the right to substitute a prize of equal or greater value. Limit one (1) prize awarded per household.
- 12. A random draw from all eligible entries for the Prizes will be made by Sponsor’s SMS provider, GOcxm, on January 6, 2023. The draw will be at GOcxm, 670 Caledonia Rd., 2nd Floor, Toronto, ON M6E 4V9, at approximately 3:00 PM ET, to select potential Prize winners.
- 13. The odds of winning a Prize in this Sweepstakes depends on the total number of valid entries received during the Promotion Period.
Requirements of a Potential Winner
- 14. To be declared a potential Prize winner, the selected entrant who is eligible for such Prize will be required to correctly answer unaided (mechanical or otherwise), a time-limited mathematical skill-testing question at a predetermined mutually convenient time. Following the draw described herein, the selected entrant will be contacted by email or by phone at the telephone number provided by the entrant. If the selected entrant cannot be reached personally without leaving a message by telephone within two (2) business days of the first phone call made and after a minimum of two (2) attempts by a Sponsor representative, and if such selected entrant fails to execute and return a declaration and release form within two (2) business days from the date of receipt thereof, or if he or she does not otherwise comply with these Official Rules, his or her entry will be forfeited and the next selected entrant drawn will be contacted on the third (3rd) day and such process may be repeated at the discretion of the Sponsor.
- 15. As a condition of winning and accepting receipt of any Prize, winner must sign a declaration and release, in the form requested by Monster, confirming compliance with the Sweepstakes Official Rules, acceptance of the prize as awarded, and releasing Monster and all the Sweepstakes Entities.
- 19. By entering this Sweepstakes, entrants agree to comply with these Official Rules and with the decisions of Sponsor and the Administrator as they relate thereto.
- 20. By entering the Sweepstakes, the Prize winners agree to sign a Declaration, as described above. In addition, winner agrees to the use of their name, place of residence and image in any publicity carried out by Sponsor without compensation.
- 21. By accepting any prize in connection with this Sweepstakes, winners agree to release, remise and forever discharge Sponsor, its parent, all affiliates thereof, and Sweepstakes Entities from any claims, liabilities or damages incurred in connection with the delivery, installation, use and consumption of any Prize.
- 22. Sponsor assumes no responsibility or liability for lost, late, misdirected or incomplete entries and release documents or for any problems or failures. Sponsor is not responsible for any incorrect or inaccurate information, or by any technical or human error, which may occur in the processing of entries in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or cause it to not comply with any applicable law having jurisdiction over Sponsor, then, subject to regulatory approval when required, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Sweepstakes without notice.
- 23. Sponsor reserves the right to disqualify any entrant who it finds to be in violation of these Official Rules or tampering with the Sweepstakes process. Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to participate. Any attempt by anyone to deliberately undermine the legitimate operation of this Sweepstakes is in violation of criminal and civil laws and Sponsor reserves the right to seek damages or other legal remedy to the fullest extent permitted by law.
- 24. All decisions of Sponsor in connection with this Sweepstakes are final and binding in all respects. Each Prize must be accepted as awarded. Each Prize is non-transferable.
- 25. All entries become the property of Monster Energy Canada Ltd. and will not be returned.
- 26. This Sweepstakes and the terms and conditions contained in these Official Rules, shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.
- 27. This Sweepstakes is subject to all applicable federal, provincial, and municipal laws and is void where prohibited.
- 28. All disputes, disagreements, controversies, questions or claims arising out of or relating to this Contest, including, without limitation, with respect to its execution, validity, application, interpretation, performance, breach, termination or enforcement (“Disputes”), shall be (a) resolved individually, without resort to any form of class action, and (b) shall be determined by a sole Arbitrator (the “Arbitrator”) under the Arbitration Act, 1991 (Ontario) (the “Act”). The resolution of Disputes pursuant to this section shall be final and binding upon the parties, and there shall be no appeal therefrom, including, without limitation, any appeal to a court on a question of law, a question of fact or a question of mixed fact and law. In addition: (a) section 7(2) of the Act will not apply to the arbitration; (b) unless the parties otherwise agree, the Arbitrator will be appointed by a judge of the Superior Court of Justice of Ontario on the application of any party on notice to all the other parties. No individual shall be appointed as Arbitrator unless he or she agrees in writing to be bound by the provisions of this Article; (c) the arbitration shall take place in the City of Toronto unless otherwise agreed in writing by the parties; (d) subject to the Act, the Arbitrator may conduct the arbitration in the manner the Arbitrator considers appropriate; (e) the language to be used in the arbitration shall be English; (f) within seven (7) calendar days after appointment the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for a good cause shown. The parties agree to a mutual exchange of relevant documents and the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) calendar days in aggregate for each party; (g) the parties desire that any Dispute should be conducted in strict confidence and that there shall be no disclosure to any person of the existence of the Dispute or any aspect of the Dispute except as is necessary for the resolution of the Dispute; and (h) the Arbitrator shall have the right to determine all questions of law and jurisdiction, including questions as to whether a claim is arbitral, and shall have the right to grant legal and equitable relief including injunctive relief and the right to grant permanent and interim injunctive relief, and final and interim damages awards. The Arbitrator shall also have the discretion to award costs, including reasonable legal fees and expenses, reasonable expert's fees and expenses, reasonable witnesses' fees and expenses pre-award and post-award interest and costs of the arbitration.
- 29. These Official Rules are available at https://www.monsterenergyrules.com/circlekgaming
- 30. The Claw Icon and all MONSTER ENERGY trademarks are owned by Monster Energy Company and/or its parent, subsidiary, and affiliated companies. Other trademarks appearing are the property of their respective owners.
Mini Rules (POS COPY):
†NO PURCHASE NECESSARY see rule 5. Regular text messages/data rates apply. Open to legal residents of BC, AB, SK, MB, ON, NB, NS, NL, PEI and NWT, age of majority+. Official rules visit https://www.monsterenergyrules.com/circlekgaming. Begins 11/8/22 at 12:01AM ET, ends 1/2/23 at 11:59PM ET. Draw 1/6/23. 1 Grand Prize of a virtual streaming experience and 1 gaming package, including: 1 gaming chair, 1 game controller, 1 pair of wireless earbuds, 1 desktop phone charger and 1 backpack (ARV $1089). 3 Secondary Prizes each a gaming chair (ARV $600.00). The odds of winning a prize depend on the number of eligible entries received. Skill-testing question required.