No Purchase Necessary:
The "Kisko® and Hasbro® Summer Contest" (the "Contest") is sponsored by 329985 Ontario Ltd., doing business as Kisko
Products Inc. (the "Sponsor"). Hasbro Canada Corporation ("Hasbro") is the provider of the toy Prizes available to be won in
the Contest and is neither a sponsor of nor involved in the operation or
administration of the Contest. The
Contest begins at 12:00:00 AM Eastern Daylight Time ("EDT") on April 1, 2011 and ends at 11:59:59 PM EDT on October 31,
2011 (the "Contest Period").
1. ELIGIBILITY: To be eligible to enter and to win a prize (a "Prize") in the Contest, a person must be a resident of Canada (other than the Province of Quebec - residents of the Province of Quebec are not eligible to enter the Contest) who has reached the age of thirteen years at the time he/she enters the Contest except the following persons who are not eligible to enter the Contest or to win a Prize in the Contest:
a) employees, directors, agents or representatives of the Sponsor or of Hasbro or of any of their respective divisions, subsidiaries, affiliates, or promotional agencies, or of any supplier providing any Prize available to be won in the Contest or providing any Contest materials or any services for the Contest; and
b) any person who is or purports to be an immediate family member (defined as a step-, adoptive or biological mother, father, daughter, son, sister, brother or spouse) of any person described in Rule 1 a) of these Official Rules; and
c) any person who resides or is domiciled with any person identified in Rule 1 a) or 1 b) of these Official Rules.
In these Official Rules, a person who is eligible to enter the Contest is referred to as an "eligible person".
2.
DEFINITIONS: In
these Official Rules a) the term "Sponsor"
includes, where the context requires or permits, a representative or agent of
the Sponsor; b) the term "potential
winner" means an eligible person who has been identified as being the
potential winner of a Prize and the term "winner"
means a potential winner who has been verified as the actual winner of a Prize;
c) the term "Contest Website" means www.kiskofreezies.com; d) the term "Contest computer" means the computer which is being used to help
administer the Contest and which is the official time-keeping device for the
Contest; e) the term "month" means a
calendar month during the Contest Period and the term "day" comprises
the 24-hour period starting at 12:00:00 midnight EDT on a given day during the
Contest Period and ending that day at 11:59:59 p.m. EDT;
f) the term "Entry"
means an entry into the Contest, which is submitted by an eligible person in
the manner described in Rule 6 below, and is recorded by the Contest computer
on behalf of that eligible person; and g) the term "monthly Contest period" means each period during which Prizes are
available to be won [see the table in Rule 3 below]. Each monthly Contest period begins at 12:00:00 AM EDT on the
first day of the applicable month and ends at 11:59:59 PM EDT on the last day
of that same month.
3.
THE
MONTHLY CONTEST PERIODS, AND PRIZE SEEDING AND SELECTION BY MONTHLY CONTEST
PERIOD:
The
Contest consists of a series of monthly draws during the Contest Period. The monthly Contest periods, and the
numbers of Prizes available to be won by eligible persons whose properly submitted
Entries are recorded by the Contest computer during a particular monthly Contest
period, are set out in the table below.
At the outset of the Contest Period there are one thousand (1,000)
Prizes (each, a "Prize") available
to be won in the Contest. As the
Contest proceeds, the number of Prizes available to be won will diminish as
Prizes are allocated to potential winners in the manner described in these
Official Rules.
| Monthly Contest Period | Prizes
Available to be Won
|
| April, 2011 | 20 Prizes |
| May, 2011 | 220 Prizes |
| June, 2011 | 220 Prizes |
| July, 2011 | 250 Prizes
|
| August, 2011 | 250 Prizes
|
| September, 2011 | 20 Prizes |
| October, 2011 | 20 Prizes |
An
eligible person can submit Entries into the Contest, in the manner and subject
to the Entry limitations described in these Official Rules.
Prior
to the start of the Contest Period, the Contest computer will select, at random
and in the numbers set out above for each monthly Contest period, the Prizes
available to be won for each monthly Contest period,. The Sponsor will keep a record of the Prize identity and
order in which each randomly selected Prize is selected by the Computer for
each applicable monthly Contest period.
Important Note: An
Entry recorded by the Contest computer during any particular monthly Contest
period will not carry over to the
subsequent monthly Contest period.
Rule
9 below describes the Prizes available to be won in the Contest and the
approximate retail value ("ARV") of
each such Prize.
4. THE
MONTHLY DRAWS AND THE DETERMINATION OF POTENTIAL WINNERS OF PRIZES:
At
the end of each monthly Contest period, the Sponsor will cause the Contest
computer to perform a random selection (each, a "monthly draw") from among all Entries recorded by the Contest
computer on behalf of eligible persons during the applicable monthly Contest
period.
6.
HOW
TO ENTER THE CONTEST: No purchase is required to enter the
Contest. During the Contest
Period, an eligible person should visit the Contest Website, and complete the
online entry form (the "Entry Form")
which appears on the Contest Website by filling in his/her first and last name,
daytime telephone number (including area code), and his/her full residential
mailing address (no P.O. Box number);
he/she then must confirm that he/she has reached at least the age of
thirteen (13) years at the time of entry, and must provide his/her valid email
address. Then, the eligible person
should enter where indicated on the Entry Form the 12-digit number (the "UPC Code") found below the UPC symbol (|||||||||) on a box of Mr.
Freeze 100x20 ml. or a box of Kisko Kids 100x20ml. Next, the
eligible person must enter the case sensitive security code which appears on the Entry
Form. The eligible person then must confirm that he/she has read, fully
understands and accepts the Official Rules. Finally, the eligible person must click "Enter Now" to
submit his/her Entry into the Contest.
The date on which an Entry is
recorded by the Contest computer will determine for which monthly Contest
period that Entry will form a part of Entries eligible for the monthly draw
applicable to that monthly Contest period.
7.
EMAIL
NOTIFICATION TO POTENTIAL WINNERS OF PRIZES, THE DECLARATION AND RELEASE, THE
SKILL-TESTING QUESTION, PRIZE FORFEITURE AND OTHER MATTERS:
IMPORTANT NOTE: In
addition to complying in full will all other requirements of these Official
Rules, in order to be declared the actual winner of a Prize, each potential
winner first must answer correctly a mathematical or arithmetic skill-testing
question (the "skill-testing question"), without any mechanical, electronic or
other assistance.
At
the conclusion of each monthly draw, the Sponsor will send an email (a "notification email") to all eligible
persons who, as a result of that monthly draw, are potential winners of a Prize
for the applicable monthly Contest period (see Rule 4 above respecting the
determination of potential winners and the assignment of Prizes to them). The notification email will be sent to
the email address which each potential winner furnished at the time he/she
submitted the Entry which was selected in the applicable monthly draw.
No
potential winner should reply in any way to the notification email. The Sponsor is not responsible if, for
any reason, the potential winner does not receive the notification email to
which the declaration and release is attached (see below). The Sponsor will not
have or enter into any communication with any person who is not a potential
winner or a winner in the Contest.
The
notification email will inform a potential winner that he/she is the potential
winner of a Prize in the Contest, will identify the applicable Prize, will
provide as an attachment, a declaration and release (the "declaration and release")
and will specify the date by which the Sponsor must receive back from the potential winner his/her properly
completed and signed declaration and release. The declaration and release
will contain the skill-testing question, will contain a declaration by the potential
winner that he/she is an eligible person, has complied in full with and will
continue to comply in full with the provisions of these Official Rules and accepts the Prize as awarded to him/her,
will contain a confirmation that the potential winner understands that the
Sponsor makes no warranty related to a Prize which is not manufactured by the
Sponsor, that Hasbro makes no warranty related to a Prize which is not
manufactured or supplied by Hasbro, and will contain an indemnity, a liability
release and a publicity release.
A
potential winner must print out the declaration and release. Note: If a potential winner cannot print out the declaration and
release, he/she should call the Sponsor at 1-866-905-4756 and request that the
Sponsor mail a copy of the declaration and release to the potential
winner. Once the potential winner
has a printed copy of the declaration and release, he/she must fill his/her
correct answer to the skill-testing question in the space provided for that
purpose in the declaration and release, and must complete in full the
declaration and release in the manner which will be specified in the
notification email and on the declaration and release. The potential winner then must return, by
mail to the Sponsor at the address set out in the notification email, the duly completed and
signed original declaration and release, containing the potential winner's
correct answer to the skill-testing question, for receipt by the Sponsor no later than the date specified in the notification email.
NOTE: If a potential winner is a minor in
his/her Province/Territory of residence, that minor's parent or legal guardian also
must sign the declaration and release on behalf of the minor potential
winner,
in the place provided for that purpose on the declaration and release, failing
which no Prize will be awarded to that minor
potential winner.
The Sponsor
strongly recommends that, when sending the completed Declaration and Release as
directed by the Sponsor, a potential winner use Canadian registered mail and
obtain postal insurance. The
Sponsor further recommends that before
a potential winner mails a Declaration
and Release to the Sponsor,
he/she first make a copy of the completed
Declaration and Release to keep for his/her records.
Provided
a potential winner submits his/her duly completed and signed declaration and
release, and provided that declaration and release is received by the Sponsor in
accordance with these Official Rules, and provided the potential winner answers
correctly the skill-testing question, the Sponsor then will proceed to review
the declaration and release to confirm that it accords with the requirements of
the Official Rules, in which case the Sponsor will notify that potential winner
by a further email (sent to the email address which the potential winner
furnished at the time he/she submitted the Entry which was selected in the
applicable monthly draw) that he/she is the winner of the applicable Prize and in
that email will inform the winner as to the delivery arrangements which the
Sponsor has made or will make for delivery to him/her of the applicable Prize.
Prize Forfeiture: If
a potential winner fails to submit an answer to the skill-testing question, or
submits an incorrect answer to that question, or fails to comply in full and in
any way or manner with any provision or provisions of or limitation contained
in these Official Rules including, without limitation, the eligibility
requirements or the Entry limits prescribed in Rule 8 of these Official Rules, or
fails to meet the requirements related to completion, execution and submission
of his/her Declaration and Release (see above), that potential winner forfeits
any right to receive the Prize to which he/she may otherwise be or have become
entitled, is deemed to have waived any claim to that Prize without further
notice, and that Prize is forfeited and will not be awarded in the Contest. If the Sponsor attempts to deliver, or
to effect delivery of, a Prize to a winner and the Prize is returned to the
Sponsor as undeliverable or a Prize winner declines or fails to take delivery
of a Prize, then the winner of that Prize forfeits the Prize, the winner will
have no further claim against the Sponsor in respect to the Prize, and the
Prize will not be awarded in the Contest.
8.
ENTRY
AND PRIZE LIMITS: There is a limit of one (1) Entry per eligible person per day
during the Contest Period. In
addition, no eligible person is permitted in any way or manner to use more than
one (1) email account to enter the Contest. 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, c) that person will be disqualified from the Contest, and d) 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.
There
is a limit of one (1) Prize per eligible person, and a limit of two (2) Prizes
per household, during the Contest Period.
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.
9.
PRIZING:
There
is a total of one thousand (1,000) Prizes available to be won in the Contest.
a)
Super
Soaker¨ Thunderstormª Blasters: There will be a total
of two hundred and fifty (250) Super Soaker¨ Thunderstormª Blaster Prizes
available to be won at the outset of the Contest Period*. Each such Prize comprises one (1) Super
Soaker¨ Thunderstormª Blaster and has an approximate retail value (an "ARV") of $15.96 CDN.
b)
Nerf¨
N-Strikeª Barricade Blasters: There
will be a total of two hundred and fifty (250) Nerf¨ N-Strikeª Barricade
Blaster Prizes available to be won
at the outset of the Contest Period*.
Each such Prize comprises one (1) Nerf¨ N-Strikeª Barricade Blaster and has
an ARV approximate retail value (an "ARV")
of $18.96 CDN.
c)
Freeze
Pops Coupon Prizes: There will be a total of five hundred (500) such Prizes available
to be won at the outset of the Contest Period*. Each such coupon Prize consists of one (1) coupon redeemable
at participating retail outlets, at the winner's option, for one (1) box
containing one hundred (100) Kisko Kids freeze pops, or one hundred (100) Crush
Freeze Pops, or one hundred (100) Mr. Freeze Regular freeze pops, or ninety
(90) Mr. Freeze No Sugar Added freeze pops. Each such coupon has an approximate retail value (an "ARV") of $2.50 CDN.
*As potential winners of specific Prizes are identified in the
course of the Contest Period in the manner described above in these Official
Rules, the numbers of those kinds of Prizes still available to be won will be
reduced accordingly.
GENERAL
PROVISIONS:
10. Subject
to the provisions of these Official Rules, Prizes must be accepted as awarded,
without substitution, are not transferable and have no cash surrender value. All ARVs in these Official Rules are
stated in Canadian Dollars. 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 whatever.
11. Prizes
will be delivered only to an address in Canada. The Sponsor will mail or, at the Sponsor's option, deliver or
cause to be delivered a Prize to its winner within 8 weeks of the date that
person is notified that he/she is the winner of such Prize. To complete Prize delivery, the
signature of the winner may be required and winner agrees to cooperate fully
with the Sponsor in that regard. Any
income or other taxes (including, without limitation, federal,
Provincial/Territorial, and local income taxes) on or connected with any Prize,
and the reporting consequences thereof, are solely the responsibility of the
Prize winners. If required by law, Sponsor reserves the right to withhold and
remit to the appropriate taxing authorities the amount of any taxes due.
12. Any
expenses which are applicable to any Prize, and which are not expressly
included in the description of that Prize in these Official Rules are the sole
responsibility of the Winner of that Prize. If a potential Prize Winner cannot accept a Prize as stated,
that Prize will be forfeited in its entirety.
13. By
entering the Contest, eligible persons agree to abide by these Official Rules
and by the decisions of the Sponsor with respect to all aspects of the Contest,
including without limitation any decision respecting the eligibility or
otherwise and the identity of any person who participates or attempts to
participate in the Contest. All
such decisions are final and binding on all persons who enter the Contest.
14. Any person attempting or apparently attempting in any way to
defraud the Sponsor in any way in connection with this Contest will be
prosecuted to the fullest extent permitted under the law. In the event of a
dispute as to the identity of any person who submits an Entry into the Contest,
the Entry in question will be deemed submitted by the authorized account holder
of the email account from which it was sent. The "authorized account holder" shall be the natural person
to whom the applicable email address has been assigned by the Internet access
provider, service provider, or other online organization responsible for
assigning email addresses for 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.
15. If the Sponsor in its sole discretion so elects, a potential winner
may be required to submit to, and by entering the Contest agrees to fully
cooperate in, a confidential background check to confirm eligibility and to
help ensure that the use of any such person in advertising or publicity for the
Contest will not bring the Sponsor into public disrepute, contempt, scandal or
ridicule, or reflect unfavourably on the Contest or
the Sponsor as determined by the Sponsor in its sole discretion.
16. If a winner makes any false statement in any document 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 based on the ARV as
stated in these Official Rules) to the Sponsor upon demand and at the winner's
sole expense.
17. A potential winner of a Prize may not transfer the 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. Any potential winner
of a Prize must make any request for such authorization in writing and must
sign and return the request to the Sponsor.
18. The Sponsor is not responsible for illegible, misdirected, late,
lost, damaged, delayed, stolen, or any postage-due submission of any declaration
and release (or for any declaration and release sent to the Sponsor which is
sent on a Ôcollect' basis) or for any failed Prize delivery or attempted Prize delivery; for any
failure of the Contest Website, for incorrect, inaccurate or incomplete capture
on or by the Website or the Contest computer of any Entry or any Entry
information; for late, lost, illegible, incomplete, falsified,
tampered with, altered or destroyed Entries and all such Entries are void; for any
damage to any eligible person's or other person's computer system or wireless
device which is occasioned by accessing the Contest Website, by participating
in the Contest, or by redeeming or attempting to redeem a Prize; for lost, interrupted, inaccessible,
incompatible or unavailable networks, servers, satellites, Internet Service
Providers, wireless carriers, web sites (including the Contest Website), or
other connection or connections;
for availability or accessibility problems arising in connection with or
over the course of the Contest;
for miscommunications, failed, jumbled, scrambled, delayed, or
misdirected computer, email, telephone or cable transmissions, or hardware or
software malfunctions, failures or difficulties; for any technical
malfunctions, failures, or difficulties, printing errors, clerical,
typographical or other error(s) in any materials connected to the Contest
including, without limitation, in any Declaration and release, the offering or
announcement of any Prize or in any Prize notification or email or letter; for
any errors of any kind, whether human, mechanical, clerical, electronic, or
technical in nature; or, for the incorrect or inaccurate capture of
information, or the failure to capture any information.
19.
Proof of mailing or of
transmission or of attempted transmission of any communication or any declaration
and release does not constitute proof of receipt by the Sponsor of the communication
or declaration and release.
20. By
entering the Contest, each eligible person (here, a "Releasor") releases and agrees
to indemnify and hold harmless the Sponsor and Hasbro, their respective parent,
related and affiliated companies, subsidiaries, agents, members, dealers,
advertising agencies, promotional agencies, representatives, and each of their
respective directors, officers, employees, successors, sponsors, partners, licensors,
licensees, officers, subsidiaries, agents, advisors, assignees, and all others
associated with the development and execution of the Contest, from and against
any and all manner of action, causes of action, suits, debts, covenants,
contracts, costs, expenses, claims and demands, including legal fees and related
expenses, whatsoever, including but not limited to, claims based on negligence,
breach of contract and fundamental breach and liability for injury, accident,
damage, claim, liability, loss, misfortune, death, or property damage which any
Releasor, or his/her administrators, heirs,
successors or assigns, has, might have or could have, with respect to or in any
way related or connected to any aspects of the Contest or by reason of or
arising out of the Releasor's participation in the
Contest and/or in connection with the acceptance by the Releasor
of a Prize awarded and any travel by a Releasor to
claim a Prize and from and against any and all liability with respect to or in
any way related to the Prize, printing errors, claims based upon publicity rights,
defamation or invasion of privacy prior to being awarded a Prize, or arising
from the Contest and the awarding, use, possession, delivery or misuse of any Prize
awarded, including liability for personal injury or damage to property.
21. By claiming a Prize, each potential winner and each winner hereby
agrees and grants the Sponsor the right, but not the obligation, to use his/her
name, voice, and likeness, along with his/her address (city/town and
Province/Territory) and any statements made by or attributed to him/her in any
and all media (including the Internet), now known or hereafter devised, in
perpetuity and throughout the universe for advertising and promotional purposes
in connection with the Contest and other promotions without further notice, review,
approval or compensation, and releases the Sponsor and all directors, officers,
employees, and agents of the Sponsor and of the Sponsor's divisions, parents,
subsidiaries or affiliated companies, advertising and promotion agencies,
representatives, service agencies, or independent contractors from any
liability with respect thereto.
22. By
accepting a Prize, a winner agrees that if the Sponsor decides, in its sole
discretion, to hold any Prize presentation ceremony or event, the winner will
cooperate fully with the Sponsor in that regard.
23. Any
attempt by any person to damage the Contest Website or to undermine the
legitimate operation of the Contest may be a violation of criminal and civil
laws, and should such an attempt be made, the Sponsor reserves the right to
seek remedies and damages to the fullest extent permitted by law, including
criminal prosecution. The use of an invalid email address will
disqualify any related Entry. Any
person who spams the same email address will disqualify any related Entry.
25. DISQUALIFICATION: It is the responsibility
of any eligible person who submits an Entry into the Contest to ensure that
he/she has complied in full with all of the conditions and requirements
contained in these Official Rules The Sponsor reserves the right in its sole discretion to disqualify any
individual who is found to be tampering with the entry process or with the
operation of the Contest, to be acting in violation of these Official Rules, or
to be acting in an unsportsmanlike or disruptive manner, or with the apparent
intent to disrupt or undermine the legitimate operation of the Contest, or to
annoy, abuse, threaten or harass any other person. The Sponsor reserves the
right to seek damages and other remedies from and against any such person to
the fullest extent permitted by law.
26. WORDING DISCREPANCIES:
In the event there is a discrepancy or inconsistency between
disclosures or other statements contained in any declaration and release or
website or advertising or other publicity or materials concerning the Contest and
the provisions contained in these Official Rules, the provisions in these
Official Rules shall prevail, govern and control.
27. INVALIDITY: The invalidity or
unenforceability of any provision of these Official 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 Official 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. Headings and captions are used in these
Official Rules solely for ease of reference, and shall not be deemed or
considered to affect in any manner the meaning or intent of these Official
Rules or any provision hereof.
These Official Rules cannot be modified or amended in any way except in
writing by a duly authorized representative of the Sponsor. Subject to the provisions of these
Official Rules, employees of the Sponsor, or of any of its representatives, are
not authorized to modify, amend or waive these Official Rules.
28. USE BY SPONSOR OF PERSONAL
INFORMATION: In the
course
of conducting this
Contest, the Sponsor will acquire certain personal information as submitted by
persons seeking to enter the Contest.
If any such person chooses to "opt into" receiving future communications
from the Sponsor, the Sponsor from time to time will send that person email
notifications of other contests, products, news and other matters which the
Sponsor deems is of public interest.
A person can ask the Sponsor to remove his/her name from that emailing
list by contacting the Sponsor in the manner specified in the Sponsor's privacy
policy on the Sponsor's website at www.kiskofreezies.com. If any such person declines to "opt
into" receiving further communications from the Sponsor, the Sponsor will use
his/her personal information only for the purpose of conducting and administering
this Contest. In that case, the
Sponsor, unless prohibited by law from doing so, will destroy that personal
information upon the expiration of two (2) years after delivery by the Sponsor to
a winner of the last Prize in the Contest.
29. 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 persons who
participate in the Contest 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 the application of any other jurisdiction's
laws. All persons who participate
in the Contest, the Sponsor, and all other parties hereby attorn to the
jurisdiction of the courts of that Province, sitting in the City of Toronto,
Ontario, in respect of the determination of any matter or dispute arising under
or in respect of the Contest or arising under or in respect of these Official
Rules and agree that any such determination shall be brought solely and
exclusively before such courts in the Province of Ontario.
©2011 329985 Ontario Ltd.,
doing business as Kisko Products