POWERADE® ICE BERRY Thirstbuster Contest
1. Eligibility: The “POWERADE® ICE BERRY Thirstbuster Contest” (the “contest”) is open to residents of Canada (excluding Quebec), who are 13 years of age with parental/guardian consent or are age of majority or older (in their respective province) at the time of entry except the employees, officers, directors, representatives and agents of Coca‑Cola Ltd., The Coca‑Cola Company, Impact Mobile Inc. (“Impact Mobile”), LPi Communications Group Inc. (“LPi”), the authorized bottlers or distributors of Coca-Cola® products and their respective advertising and promotion agencies, or any of the respective affiliates, related entities, successors or assigns or persons domiciled with any of the above. The contest is subject to all applicable federal, territorial, provincial and municipal, laws and regulations and is void outside of Canada and where prohibited.
2. Sponsor: Coca‑Cola Ltd., 335 King Street East, Toronto, ON, M5A 1L1.
Administrator: Impact Mobile, 60 Adelaide Street E, Suite 400, Toronto, ON, M5C 3E4
Mobile Partner: Impact Mobile, 60 Adelaide Street E, Suite 400, Toronto, ON, M5C 3E4
3. Agreement to Official Rules: By participating in the contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, Administrator, and/or Impact Mobile which are final and binding in all matters related to the contest.
4. Promotion Period: The contest begins at 12:00:00 am Eastern Time (“ET”) July 6, 2020 and ends at 11:59:59 pm ET, September 6, 2020 (the “Promotion Period”). Impact Mobile’s computer is the official time-keeping device for this contest.
5. How to Enter: There are 2 ways to enter:
If you enter the contest by text message, your wireless service provider’s text message and data rates apply. Entrants should consult their wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. The Device that is used must be capable of sending and receiving text messages. Entrants should check their Device’s features to see if they have that capability and check the Device manual for specific use instructions. Entry via text messaging may be limited and may not be available through all wireless carriers or on all handsets. Carriers vary by region.
- Mail-in Alternate Method of Entry: To enter without text messaging during the promotion period, hand print your name, address (P.O. Boxes are not permitted), phone number, email address, and your date of birth on a 5″ wide x 3″ tall piece of paper and mail it in an envelope with proper postage to “POWERADE ICE BERRY Thirstbuster Contest – Mail-In Entry,” c/o LPi Communications Group, Suite #305, Toronto, ON, M2J 4W9. All mail-in entrants (or the parent/legal guardian if a minor) must state “I consent to the collection, use, storage, and disclosure, of my personal information by Sponsor for the purposes of the contest” to complete their entry. You will receive 1 entry into the Promotion drawing. Limit: 1 entry per envelope. All mail-in entries must be handwritten and must be postmarked by July 5, 2020, and received by July 14, 2020 to be eligible. All entries become the exclusive property of the Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.If you are eligible, you will receive one (1) entry into the contest and be included in the prize draw.
Limit: Only one (1) entry per person per day during the Promotion Period, regardless of method of entry. Multiple participants are not permitted to share the same email address or Device. Any attempt by any participant to obtain more than 1 entry per day by using multiple/different email addresses, 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 or email address used to enter will be deemed to be the entrant. The “authorized account holder” 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. 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.
6. Requirements of Potential Winners: Potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Entrants will be required to consent to receiving electronic messages, and the collection, use, storage, and disclosure, of their personal information by Sponsor for the purposes of the contest via text message to complete their entry. If a potential winner entered via text messaging, he/she will be notified by text message at the phone number of the Device used to enter the contest. Mail-in entrants will be notified via phone and/or the e-mail provided. Each potential winner will be required to correctly answer a time-limited, mathematical skill-testing question without any assistance in order to be eligible to receive their prize. In addition, each potential winner will be required to sign and return to Administrator, within 96 hours of the date notice or attempted notice is sent, a Declaration of Compliance, Liability & Publicity Release (“Declaration”) in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. If a potential winner fails to do so, he/she may be disqualified and forfeit the prize. In the event the potential winner is a minor, in his/her province/territory of residence, a parent or legal guardian of the minor must complete the Declaration on behalf of the minor. In the event that any potential winner forfeits the prize, fails to answer the skill-testing question correctly, or is disqualified for any reason, the prize will again become part of the available prize pool. Upon verification of each winner’s Declaration and his/her answer to the skill-testing question, winners will be contacted by Administrator regarding fulfillment of his/her prize within sixty (60) business days. Any unclaimed prizes at the end of the contest period will remain the property of the contest sponsor.
7. Odds of Winning: Odds of winning are dependant on the number of eligible entries received. Prizes will be randomly awarded throughout the contest period. Prizes available will diminish as they are awarded throughout the contest period. Please see prize descriptions below for additional details.
8. Participating Locations: Shell retailers in the following provinces/territories only (each, a “Participating Location”) are participating:
- British Columbia
- North West Territories
9. Prizes: At the onset of the contest, the following prizes are available to be won:
|Prize Item||Approximate Retail Value|
|Quantity||TOTAL COST OF PRIZE|
|1 year of Thirstbuster for two (awarded through gift cards)||$750.00 CAD||1||$750|
|Fit Bit||$169.00 CAD||21||$3,549.00|
|Coleman Cooler||$36.00 CAD||40||$1,440.00|
|Arryn True Ear Buds||$30.00 CAD||45||$1,350.00|
|Cooling Towels||$8.00 CAD||137||$1,096.00|
|Water Bottles||$2.00 CAD||44||$88.00|
Prizes will be delivered to each confirmed winner at the mailing address provided to the Sponsor, Administrator or Prizing Partner.
For All Prizes: All unclaimed prizes are considered forfeited and remain the property of the contest Sponsor. Prizes have zero cash value. No prize substitution, exchange or transfer of prize by any winner is permitted. Sponsor reserves the right to substitute a prize or any component of a prize for one of equal or greater value.
10. Publicity: Except where prohibited, participation in the contest constitutes entrant’s consent for Sponsor and their designees to use entrant’s name, prize information, likeness, and place of residence for promotional purposes in any media without further consideration.
11. General Conditions: In the event that the operation, security, or administration of the contest is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Sponsor may, in their sole discretion, either: (a) suspend the contest to address the impairment and then resume the contest in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the contest and award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Release and Limitations of Liability: Except where prohibited, by participating in the contest, entrants agree to release and hold harmless the employees, officers, directors, representatives and agents of Coca‑Cola Canada Bottling Ltd., The Coca-Cola Company, Impact Mobile, LPi, the authorized bottlers or distributors of Coca-Cola® products, and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the contest; (b) technical errors related to computers, servers, providers, printers or telephone, cellular networks, or network lines; (c) printing errors; (d) errors in the administration of the contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the contest or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry, if it is possible. If the contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Dispute Resolution: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Ontario, Canada; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest but in no event legal fees or disbursements; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the contest, shall be governed by, and construed in accordance with, the laws of Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.