The Ferrero Rocher® “Toronto Premium Dining Experience” Contest (the “Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
The Sponsor of this Contest is Ferrero Canada Limited (the “Sponsor”).
- CONTEST PERIOD:
- Starting November 12, 2024, at 12:00:00 PM Eastern Time (ET) and ending November 22, 2024, at 11:59:59 AM ET (the "Contest Period").
- ELIGIBILITY TO ENTER:
- This Contest is open to residents of Ontario who have reached the age of majority in their province/territory of residence except employees, representatives or agents (and immediate family members or those with whom such persons are living, whether related or not) of: (a) Sponsor, its parent company, subsidiaries, associated and affiliated entities, (b) prize suppliers, (c) advertising/promotion agencies and (d) any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (individually, "Contest Party", and collectively, the “Contest Parties”). In these Official Rules and Regulations (the “Rules”), “immediate family” means parents, children, siblings and spouse. The Winner must be available to attend the Dining Experience in person in order to accept the Prize.
- AGREEMENT TO BE LEGALLY BOUND BY RULES:
- By participating in the Contest, you are signifying your agreement that you have read and agree to be legally bound by these Rules.
- HOW TO ENTER:
- No purchase necessary. To enter the Ferrero Rocher® Premium Toronto Dining Experience, complete the form on the contest website with your name, email address, and select your preferred time slots from the available options, and click "Submit." There will be a random draw to select 6o winners to win the Premium Toronto Dining Experience for the winner and one (1) guest (who has reached the age of majority as of the date of the Dining Experience). Winners will receive a confirmation email and be notified of their final dining timing. The preferred dining time is not guaranteed, but rather based on a “first come first serve” basis.
- ENTRY LIMIT AND CONDITIONS:
- There is a limit of one (1) Entry per day per person. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than the allowed number of Entries; and/or (ii) use multiple names, multiple identities, multiple e-mail addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt the Contest; then they may be disqualified from this Contest in the sole and absolute discretion of the Sponsor. The Sponsor, the other Contest Parties, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules. Proof of transmission (e.g. screenshots) does not constitute proof of receipt.
- VERIFICATION:
- All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity, residence and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of the Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering the Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by the Sponsor.
- PRIZES:
- There are a total of sixty (60) Prizes (each a “Prize” and collectively the “Prizes”) available to be won. Each Prize consists of 2 tickets to the Toronto Ultimate Dining Experience with Ferrero Rocher®. Approximate Retail Value: $500.00 Canadian Dollars each. Limit of one (1) Prize per household.
- The Prize is not transferable and must be utilized in the form offered by the Sponsor. If the Prize Winner cannot attend the Dining Experience in person, the Prize will be forfeited, and another entry will be drawn.
- Without limiting the generality of the foregoing, the following general conditions apply to each Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions will be permitted, except at Sponsor’s option; (v) if the confirmed winner can not utilize any part(s) of the Prize, either because of travel restrictions, the inability to get to Toronto, or the lack of availability for the pre-set date of the experience, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vi) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and(vii) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
- None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should their Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize a confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if their Prize or a component thereof does not prove satisfactory, either in whole or in part.
- ELIGIBLE WINNER SELECTION PROCESS:
- On the “Draw Date” as outlined in Rule 7 in Toronto, Ontario, at approximately 12:00 p.m. ET on November 22, 2024, sixty (60) eligible entrants will be selected by random draw from among all Entries submitted and received in accordance with these Rules by the end of the Day immediately preceding the Draw Date, each eligible entrant selected will be eligible to win a Prize as outlined in Rule 7 (subject to compliance with these Rules). The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules by the end of the Day immediately preceding the Draw Date.
- ELIGIBLE WINNER NOTIFICATION PROCESS:
- The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible winner via email within forty-eight (48) hours of the applicable Draw Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
- The Winner must confirm whether they can attend the dinner by December 1st, 2024. If the Winner cannot attend, then they forfeit the Prize, and another entry will be drawn by the Contest Sponsor in accordance with Rule 8.
- ELIGIBLE WINNER CONFIRMATION PROCESS:
- NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS A WINNER IN ACCORDANCE WITH THESE RULES AND THE WINNER CONFIRMS HIS/HER ABILITY TO ATTEND THE DINING EXPERIENCE IN PERSON. Before being declared AS A CONFIRMED PRIZE winner, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by e-mail or other electronic means, by telephone, or in the Sponsor’s form of Declaration and Release); and (b) sign and return within three (3) days of notification the Sponsor’s Declaration and Release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, voice, statements about the Contest and/or photograph 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 or medium whatsoever, including print, broadcast, the Internet or social media platforms.
- If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason, and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion), then they will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
- Prizes will only be delivered to winners who have been verified and have complied with these Rules. Deliveries will not be made to PO Box addresses. Please allow approximately four (4) to six (6) weeks for fulfillment of any Prize. No responsibility is assumed by the Sponsor for any postal mail or courier delivery returned as undeliverable without a forwarding address. No responsibility is assumed by Sponsor for Prizes after shipping. Winners bear all risk of loss or damages to any Prize after delivery.
- GENERAL CONDITIONS:
- This Contest is subject to all applicable federal, provincial, and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
- The Sponsor and all of the other Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
- 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, subject to the approval of the Régie des alcools, des courses et des jeux with respect to the province of Quebec, 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.
- 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.
- The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
- In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
- CONFLICTS/DISCREPANCIES:
- In the event of any discrepancies between the English language Rules and the non-English language Rules, the English Rules shall prevail to the fullest extent permitted by law. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law. 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 email address provided at time of entry. Authorized account holder is defined as 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.
- 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 the terms as if the invalid or illegal provision were not contained herein.
- GOVERNING LAW:
- To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
- PERSONAL INFORMATION:
- By entering this Contest, each entrant expressly consents to the Sponsor, its agents and representatives, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.ferrerorocher.com/ca/en/privacy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. Any questions relating to the privacy rights of the Contest should be directed to privacy.canada@ferrero.com.
- ENGAGEMENT:
- The Sponsor and/or its representatives may respond to entrants or otherwise engage with entrants during the Contest Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with these Rules.