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Official Rules And Regulations
THIS CONTEST IS OPEN TO BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, MANITOBA, ONTARIO, NEW BRUNSWICK AND NOVA SCOTIA RESIDENTS ONLY (THE “PARTICIPATING PROVINCES”) AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
These Official Rules and Regulations (“Rules”) govern the Contest.
1. CONTEST PERIOD AND SPONSOR
The “Snack Stack Contest” (the “CONTEST”) is sponsored and administered by BCP IV Service Station LP, operating as Greenergy Retail Canada, (the “SPONSOR”). The Contest begins on November 9, 2021 at 12:00:00 a.m. Eastern Time (ET) and ends on January 3, 2022 at 11:59:59 p.m. ET (the “CONTEST PERIOD”). The clock used by the Sponsor to compute Entries (as defined below) will be the official clock to determine the date and time of receipt of an entry.
To enter and to be eligible to win a Prize you must be a legal resident a Participating Province who is at the time of entry the legal age of majority in their province/territory of residence. You are not eligible to win a Secondary Prize and/or the Grand Prize if you are, reside with (whether or not related), or are an immediate family member of, an employee, director, officer, or retiree of the Sponsor its respective parent, related affiliated companies, subsidiaries, franchisees, advertising and promotional agencies and any other parties engaged in the development, production or distribution of Contest materials. The term “immediate family” means fathers, mothers, brothers, sisters, children, husbands, wives or spouses of the persons mentioned in this section, regardless of where they live. The Contest is not open and void where prohibited by law.
3. HOW TO ENTER:
No purchase necessary. Making a purchase will not increase or otherwise impact your chances of winning.
To enter the Contest for a chance to win an Instant Prize, a Secondary Prize or the Grand Prize (as such terms are defined below), during the Contest Period: (a) visit waypointconvenience.ca/snackstack (the “CONTEST WEBSITE”); and (b) play the game.
LIMIT: One (1) game play per day per device
Each game play automatically results in: (a) a chance to win an Instant Prize (the “INSTANT PRIZE ENTRY”); (b) one (1) entry for the Grand Prize Draw (as defined below) (each, a “GRAND PRIZE ENTRY”); and (c) one (1) entry for the Secondary Prize Draw (as defined below) (each a “Secondary PRIZE ENTRY”).
Eligible entrants may also receive bonus Contest Grand Prize Entries and Secondary Prize Entries (each, a “BONUS ENTRY” and collectively, the “BONUS ENTRIES”) by performing certain in-game actions. Bonus Entries will be awarded as follows:
||BONUS ENTRIES EARNED
||Complete one (1) game play per day for five (5) consecutive days. Streaks longer than five (5) days will result in five (5) earned entries for each additional five (5) days of consecutive game play.
||5 Grand Prize Entries / 5 Secondary Prize Entries
||Provide your email address via the in-game prompt and subscribe to email marketing. LIMIT: you will only receive bonus entries on the first time you provide your email address during the Contest Period. You may unsubscribe anytime.
||5 Grand Prize Entries / 5 Secondary Prize Entries
The Instant Prize Entry, the Secondary Prize Entry, the Grand Prize Entry and the Bonus Entry are each, an “ENTRY” and collectively, the “ENTRIES.” The entrant must submit each Entry personally. Entries shall be deemed to be submitted by the Authorized account holder of the email used to enter the Contest.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses will void that entrant’s Entries and that entrant may be disqualified from the Contest at the Sponsor’s discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in the disqualification of the entrant.
The following prizes consisting of Instant Prizes, Secondary Prizes, and the Grand Prize (each, a “PRIZE” and collectively, the “PRIZES”) described below, are available to be won:
A. Instant Prizes. The following instant prizes (each, an “INSTANT PRIZE” and collectively, the “INSTANT PRIZES”) are available to be won during the Contest Period:
||# of Prizes available
||Monster Energy Drink
||Bag of Chips
||Chocolate Bar, Singles
||Maynard Candy, Singles
||$50 Happy Gift Cards
Odds of winning an Instant Prize depend on the timing of play and the number of Instant Prizes remaining at time of play. The number of Instant Prizes available will decrease as they are revealed and claimed.
B. Secondary Prizes. The following secondary prizes (each a “Secondary PRIZE”, and together) are available to be won during the Contest Period:
||# OF PRIZESAVAILABLE
|Beats Studio3 Wireless Headphones
|Fitbit Inspire 2
|Monster Large Hoodies
Odds of winning a Secondary Prize depend on the number of eligible Entries received at the time of the Secondary Prizes Draw (as defined below).
C. Grand Prize. The following grand prize (the “GRAND PRIZE”) is available to be won during the Contest Period:
||# OF PRIZESAVAILABLE
(Fulfilled by Cheque)
Odds of winning the Grand Prize depend on the number of eligible Grand Prize Entries received at the time of the Grand Prize Draw (as defined below).
The Prizes and their components must be accepted as awarded and, except as otherwise expressly indicated by the Sponsor, cannot be transferred, substituted or exchanged, in whole or in part, for another prize or money. The Sponsor, in its sole discretion, reserves the right to: (i) substitute all or any portion of the Prizes with another prize or portion thereof of equal or greater value; (ii) limit the number of Prizes awarded to the same person, mobile phone number, or physical address; (iii) limit the number of applicable Prizes that can be redeemed within a transaction and/or time period; and (iv) modify the Prizes, associated quantities and award schedule at any time during the Contest. Under no circumstances will the Sponsor be responsible for awarding and/or redeeming any items in excess of the Prizes and their respective quantities as listed above. Prizes may be different from the pictures shown in the Contest’s promotional materials. Each Prize may also be subject to additional terms and conditions.
5. WINNER SELECTION AND PRIZE NOTIFICATION
Secondary PRIZES AND GRAND PRIZE
The Secondary Prize Draws and the Grand Prize Draw will be initiated by a Contest administrator (human) and processed by an algorithm (computer program) that simulates a random draw (a “RANDOM DRAW”). Any attempt to manipulate or tamper with the winner selection system or the database of Entries will result in disqualification and possible criminal prosecution.
The Random Draws for the Secondary Prizes and Grand Prize will be conducted on or before January 10, 2022 (the “PRIZES DRAW DATE”) in Markham, ON from all eligible Entries received during the Contest Period. LIMIT: one (1) Secondary or Grand Prize per entrant and household during the Contest Period. The Sponsor or its designated representative will make up to three (3) attempts to contact the selected entrants by the email submitted at the time of Entry within five (5) business days following the Grand 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 Grand Prize has been awarded or there are no eligible Entries remaining.
Instant Prizes will be awarded by an algorithm (computer program) that randomly distributes the available Instant Prizes throughout the Contest Period. Winning an Instant Prize will result in an email message sent to the email address submitted at the time of entry containing a unique mobile coupon that can be redeemed at a participating Waypoint, Mobil Mart or Oops convenience location. Unclaimed Instant Prizes may be re-awarded at the Sponsor’s discretion.
6. PRIZE CLAIM CONDITIONS
SECONDARY PRIZES AND GRAND PRIZE
To be declared a winner and be awarded a Secondary Prize or Grand Prize, the selected entrant must: (i) respond to the selection notification within the time period described above; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question; and (iii) otherwise comply with these Rules. As a condition of being declared a winner, the selected entrant may also be required to do any or all of the following: (i) supply proof of age consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification; (ii) supply proof of address consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification, and (iii) sign and return the Sponsor’s Declaration and Release Form (the “RELEASE FORM”). The Release Form (among other things): (i) confirms compliance with these Rules and acceptance of the applicable Prize as awarded without substitution; (ii) releases the Sponsor, its affiliated and related companies, the prize suppliers, advertising and promotional agencies and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns from any liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) 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 Sponsor in any manner whatsoever, including print, broadcast or the Internet. The Release Form must be sent electronically with other documentation. The Sponsor and their agents assume no responsibility for lost, stolen, delayed, illegible, damaged, misdirected, late, or otherwise void Release Forms.
The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
Declining the Prize, failing to correctly answer the mathematical skill-testing question, failing to return the properly executed Release Form within the time period indicated on the Release Form or otherwise failing to comply with these Rules will cause the Prize to be forfeited and a new Random Draw held in accordance with the process for the applicable Prize, as described above.
The Sponsor is not 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.
INSTANT PRIZES, CONSOLATION PRIZES AND WELCOME PRIZES
If you are eligible to win an Instant Prize, you may redeem such Prize by presenting your mobile coupon to a participating Waypoint Convenience, Mobil Mart, or Oops Convenience location. LIMIT: up to three (3) mobile coupon redemptions per day, per email address. All mobile coupons for an Instant Prize must be redeemed, in-store, within ten (10) days of issuance and in any event prior to January 13, 2022, after which time, the mobile coupon will expire. The Sponsor is not responsible for sending mobile coupons to winners who provide invalid email addresses.
7. LIMITATION OF LIABILITY AND RELEASE
None of the Sponsor, its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and any other persons related to the Contest and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the “RELEASEES”) shall be responsible in any way or bear any liability whatsoever in any way for any participation in this Contest or the awarding, acceptance, use, misuse, possession, loss or misdirection of any Prize, for any entries that are delayed, stolen, misdirected, lost, destroyed or damaged, for any failure or slowdown of programs or software supporting, connected to or related to this Contest, for any problems or technical malfunctions of any kind, including without limitation computer systems, servers, equipment or software, however caused, for any inability of any winner to accept a Prize for any reason or for any claim or loss attributable to a Prize awarded in this Contest. By participating in the Contest, entrants agree to: (i) abide by these Contest Rules and the decisions of the Sponsor, which decisions shall be final, (ii) release and hold harmless each of the Releasees from any and all claims for damage, injury, death, loss, or other liability that may arise from any entrant’s participation in the Contest or the awarding, acceptance, use, or misuse of any prize, and (iii) waive all rights to claim punitive, incidental and consequential damages, attorney fees or damages other than actual out-of-pocket costs incurred to enter.
Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Contest Website in whole or in part for any reason; service interruptions or disconnections of Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Contest or acceptance, use, implementation or misuse of any Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.
By entering this Contest, each entrant expressly consents to the Sponsor and its agents storing, sharing, and using the personal information submitted with an entry. The Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry to the Contest for the purposes of administering the Contest and Prize fulfillment.
By entering this Contest, each winner consents in writing to the use of their name, city and province where they reside by Sponsor, as well as any audio/video image, statements, and/or photographs in any related publicity and publication without further compensation, worldwide and in perpetuity, in any and all forms of media and social media now known or hereafter devised, including, but not limited to, the Internet, Facebook, Twitter, Linked In, YouTube, Pinterest, SnapChat, and in any publicity or advertising carried out by the Sponsor, unless prohibited by law. Sponsor reserves the right to post or publish any winner’s name, city, or province of residence, photograph, likeness, voice or other statements, as directed by the winner, on its website and/or on the website of Sponsor’s affiliated companies and/or on the sponsor’s website for advertising and promotional purposes, where lawful, without further compensation to the winner, worldwide and in perpetuity.
The opportunity to receive other communications about the Sponsor’s products, contests and other promotional offers may be provided by the Sponsor.
9. RIGHT TO MODIFY / SUSPEND / TERMINATE
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
10. AGREEMENT TO BE LEGALLY BOUND
By participating in this Contest, each entrant agrees to be bound by (i) these Rules; and, (ii) all decisions of the Sponsor and the Administrator, which are final in all respects.
11. GENERAL CONDITIONS.
The Sponsor reserves the right, in its sole discretion, to disqualify from this Contest any person that the Sponsor reasonably believes has tempered or attempted to temper with the entry process, the operation of the Contest or the Contest Website, who does not comply with these Rules or acts in a manner that goes against the spirit of the Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CONTEST PLATFORM/APPLICATION (OR A WEBSITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All decisions rendered by the Sponsor regarding any aspects of the Contest are final. The Contest is subject to all applicable federal, provincial and municipal laws.
By entering the Contest, each entrant agrees (a) that any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize shall be resolved in accordance with the laws of the Province of Ontario and federal laws applicable therein, and (b) to irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario over any claim or matter arising under or in connection with the Contest or these Rules.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.
For further Contest details or inquiries contact a promotional representative at:
Waypoint Convenience’s “Snack Stack”
Unit 102, 140 Allstate Parkway
Coca-Cola and Monster Energy are not sponsors of this Promotion and are in no way responsible for the administration of the Promotion, the verification of participants or the fulfillment of prizes. All inquiries regarding the Promotion should be directed to Sponsor and not to Coca-Cola or Monster Energy.