NESTLÉ GERBER GRADUATES TREEHOUSE ROOM MAKEOVER CONTEST
Full Contest Rules and Regulations
1. CONTEST PERIOD: Starting March 1, 2010 at 10:00:00 AM ET and ending May 10, 2010 at 9:59:59 PM ET (the "Contest Period"), at which time no further entries will be accepted.
2. HOW TO ENTER: To enter the Nestlé GERBER Graduates Treehouse room Makeover Contest (the “Contest”) you must first obtain two (2) valid UPC Codes from any participating GRADUATES products (GRADUATES PUFFS Banana 6x42g, GRADUATES PUFFS Peach 6x42g, GRADUATES PUFFS Apple Cinnamon 6x42g, GRADUATES PUFFS Strawberry Apple 6x42g, GRADUATES PUFFS Sweet Potatoes 6x42g, GRADUATES L’IL ENTREES Chicken Mashed Potatoes 12x187g, GRADUATES L’IL ENTREES Pasta Stars Me Sauce 12x192g, GRADUATES L’IL ENTREES Cheese Ravioli 12x187g, GRADUATES L’IL ENTREES Macaroni Cheese 12x187g, GRADUATES L’IL ENTREES Chicken Pasta 12x201g, GRADUATES L’IL ENTREES Creamy Vegetable 12x192g, GRADUATES MINI FRUITS Banana Strawberry Pch8x28g, GRADUATES MINI FRUITS Apple Peach 8x28g, GRADUATES JUICE TREATS Mixed Fruit 12x170g, GRADUATES JUICE TREATS Tropical Fruit 12X170g, GRADUATES L'IL CRUNCHIES Zesty Tomato 6x42g, GRADUATES L'IL CRUNCHIES Vegetable 6x42g, GRADUATES L'IL CRUNCHIES Mild Cheddar 6x42g, GERBER Graduates Cereal Twists Banana Peach, GERBER Graduates Cereal Twists Strawberry Blueberry, GERBER Graduates Wobbly Wheels) available through participating Canadian based retailers OR see NO PURCHASE NECESSARY in Rule 7 below. While supplies last. Not all products and package sizes are available in all areas. Note that GERBER Purees are not included in this promotion. Visit www.treehousetv.com (the “Contest Website”) and click on the ‘Enter Now’ promotional link and fully complete the online registration form which includes; Full name (first and last name), postal code, province/territory, telephone number, email address and UPC codes. All eligible entries will be entered into the Grand prize draw. There will be three (3) prizes associated with the Grand Prize draw. Limit one (1) entry per person per day. All entries must be received by 9:59:59 PM ET May 10, 2010.
3. ELIGIBILITY: This Contest is only open to all legal residents of Canada (excluding residents of Québec under the age of 13), except employees (and members of the immediate families and households of such employees) of Nestlé Canada Inc. (the “Sponsor”), Treehouse Canada Inc. (a Corus Entertainment Company) (the “Contest Administrator”), and their respective affiliated and associated and related companies, agents, subsidiaries, suppliers, printers, and distributors, franchisees, participating retail stores, and all of their respective affiliates, directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively, the "Releasees"). In these Official Rules, “immediate family” means parents, children, siblings and spouse. Entries received after 9:59:59 PM ET on May 10, 2010, will be considered null and void and will not be eligible for the Prize draw. Each entrant under the age of majority must have the consent of his/her parent or legal guardian to submit his/her personal information in order to enter the Contest. The parent or legal guardian must complete all the required fields on the relevant portion of the Entry Form, including his/her name and address. If a parent or legal guardian does not provide consent, the entry will be disqualified. Entry forms shall be subject to verification and shall be null and void if they are found not to have been submitted in accordance with these Contest rules. By entering the Contest, each entrant (and his/her parent/legal guardian if he/she is a minor in his/her jurisdiction of residence) agrees to abide by the Contest rules and all decisions of the independent judging organization, which shall be final and binding on all entrants in all matters relating to this Contest.
4. PRIZES:
GRAND PRIZE:
There are three (3) Grand Prizes available to be won at the outset of the Contest. Each Grand Prize consists of a Treehouse room makeover, which includes: a consultation by a Treehouse designer; exclusive Treehouse character wall decals; ( if a bedroom is chosen for a makeover: a single bed frame and mattress), storage unit and bookshelf. Each winner (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) can choose one of the following themes: (i) Treehouse; (ii) My Friend Rabbit; (iii) Backyardigans; (iv) Max and Ruby; or (v) Franklin. This can include themed wall/window decals, themed furniture and themed merchandise (where available). The approximate retail value of each Grand Prize is $4,000.00 CDN including applicable taxes.
Each winner (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) has the option of electing to take a cash prize in place of the Grand Prize. In the event that this election is made, the winner (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) will be awarded a cheque in the amount of $2,000.00 CDN.
Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind (other than as specifically outlined above), except by the Sponsor (as defined herein), who reserves the right to substitute a prize of equal or greater value in cash or otherwise. Unclaimed prizes will not be awarded. Any difference between the actual value of the prizes and approximated value of the prizes as stated in these Official Rules will not be awarded.
5. CONTEST DRAW: Three (3) entries for the Grand Prize will be randomly drawn within 10 business days of the contest closure on May 10, 2010. The odds of your entry being drawn depend on the total number of eligible entries received during the Contest Period. Sponsor reserves the right to reschedule the Contest draw. No responsibility is assumed by Sponsor for any inability of a potential entrant to successfully enter any draw for any reason.
6. HOW TO CLAIM A PRIZE: If you (or your parent/legal guardian if you are under the age of majority in your jurisdiction of residence – as outlined in Rule 3) are drawn as a potential winner for a particular draw, an email or telephone notification will be sent to you within 24 hours after the draw is completed, or as soon as reasonably possible thereafter, to the email address or phone number you provided in the registration process, with instructions on how to claim the Prize. If you (or your parent/legal guardian if you are under the age of majority in your jurisdiction of residence – as outlined in Rule 3) are a potential winner of any prize, you must retain and submit if requested by the Sponsor, your original UPC codes for verification purposes (this applies to all methods of entry). Failure to submit the UPC codes upon request may result in disqualification and forfeiture of the prize. Before being declared a winner, and in order to receive a Prize, potential winners (or their parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, and potential winners (or their parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) must accept the terms of a Declaration and complete and return a Release and Waiver form WITHIN 7 DAYS FROM THE DATE THE RELEASE AND WAIVER FORM WAS SENT TO THE POTENTIAL WINNER or Prize will be forfeited, potential winner disqualified and a replacement winner may be randomly selected at Sponsor’s discretion. The release and waiver form will be sent to the potential winner (or his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) via email. The decision of the Official Contest Judges in respect of all matters pertaining to the Contest, including without limitation, eligibility, validity, contents, and/or disqualification of an entry, shall be final and binding without right of appeal. Awarding of the Prizes is subject to verification and compliance with these Official Contest Rules. Grand Prize winners (or their parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) will be contacted with regard to their room design choices within approximately thirty (30) days after selected entrant is declared as a winner. The design process timing will be at the discretion of the Contest Administrator.
7. NO PURCHASE NECESSARY:Purchase is not required and does not enhance a person’s chance of winning. To obtain two (2) free UPC codes without purchase, please see any of the above products listed in store enabling the Contestant to go online and participate in the Contest. See Rule 2 for more details on How to Enter. All entries must be received by Contest Closing Date to be eligible.
CONDITIONS OF ENTRY:
8. Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification.
9. The Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (screenshots or captures of game play, etc.) does not constitute proof of delivery. All entries become the property of the Sponsor and in no case shall be returned to sender.
10. The Sponsor reserves the right to prohibit an entrant from participating in the Contest or winning a Prize, if, in the sole discretion of the Sponsor, it determines that the entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse or threaten or harass any other entrants or the Sponsor. The Sponsor reserves the right to disqualify any entrant failing to comply with these Official Rules or cooperate in any investigation or inquiry concerning such compliance. Any attempt, by an entrant or other individual, to deliberately damage any website or to undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law. Participant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won. The Sponsor reserves the unfettered right, in its sole and absolute discretion, to disqualify any entries that it suspects were generated by script, macro, robotic, programmed, or any other automated means, or otherwise violate the Official Rules.
11. 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.
12. Entrants and/or winners (or their parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) assume liability for injuries caused, or claimed to be caused by participating in the Contest, by the acceptance, possession, or use of any prize awarded, including but not limited to claims/damages for personal injury, or property damage.
13. RESIDENTS OF QUÉBEC: Subject to the approval of the Régie des alcools des courses et des jeux du Québec the Contest Sponsor reserves the right to withdraw or terminate this Contest at any time without prior notice or obligation, subject to applicable laws. For Québec residents, any litigation regarding the conduct reorganization of a publicity contest may be submitted to the Régie des alcools des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
14. POTENTIAL WINNERS: If a potential winner (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) is found to be ineligible, declines to accept the Prize, fails to correctly answer a mathematical skill-testing question, or fails to accept, complete and return a Declaration and complete Release and Waiver form, or in the event that a prize confirmation or Prize is returned undeliverable, the potential winner (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) will forfeit his/her entitlement to the Prize. Potential winners (or his/her parent/legal guardian if the winner is under the age of majority in his/her jurisdiction of residence – as outlined in Rule 3) may be required to furnish proof of identification that may include a driver’s license or other form of picture identification. By accepting a Prize, winners consent to the use of their names, addresses (city and province), voices, statements relating to the Contest or the Sponsor, and image on videotape/photographs or other likenesses, without further compensation or notice, in any publicity carried out by the Sponsor, Contest Administrator or any related entities in connection with this Contest, except where prohibited by law.
15. Any entry, UPC code, or any other materials used in the Contest that have been tampered with, altered, reproduced, stolen, transferred, bartered, traded or auctioned (including but not limited to an online internet auction site), unissued, unauthorized, or not legitimately obtained, or which contain or reflect any error, will be void.
16. No entry will be credited for any UPC code deemed to be void for any reason, including without limitation, the following: UPC code is not verified or recognized as a valid UPC code; or UPC code is incorrectly or incompletely entered or submitted. Sponsor shall have no obligation to the holder of any void UPC code. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible or ineligible UPC code with another randomly selected UPC code if appropriate upon request, while supplies last. Sponsor reserves the right to inspect and examine any illegible or ineligible UPC code prior to issuing a replacement. Replacements shall be issued at Sponsor’s sole discretion and may be denied in the event of non-compliance with these Official Rules. Sponsor may change its policy or set limitations and restrictions on replacements at any time and without notice. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void UPC code.
17. Only UPC codes obtained from participating GRADUATES Products or from legitimate No Purchase Requests (as outlined in Rule 7 above) are eligible for this Contest and cannot be combined with codes from any other game or promotion.
18. The Sponsor, Contest Administrator and the other Releasees are not responsible for any problems that may arise, including but not limited to, technical malfunctions of telephone network lines, computer online systems, servers or providers, computer equipment or software, viruses, bugs, failure of personal computers and/or software and hardware configurations, or failure of any email to be received by the Sponsor or a participant for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof. The Sponsor, Contest Administrator and the other Releasees are not responsible for damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
No responsibility is assumed by Sponsor for any postal mail or overnight delivery returned as undeliverable without a forwarding address. No P.O. Box addresses will be accepted as a valid delivery address. No responsibility is assumed by Sponsor for prizes after they have been shipped. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Winners bear all risk of loss or damages to prizes after delivery.
19. The Sponsor, Contest Administrator and the other Releasees do not warrant that access to or use of the Contest will be uninterrupted or error-free.
DISCLOSURES:
20. The Sponsor reserves the right in its sole discretion to terminate the Contest in whole or in part, without notice, or to modify or suspend the Contest at any time subject to the approval of the Régie, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Official Rules. Without restricting the generality of the foregoing, and subject to the approval of the Régie, if for any reason more entrants receive a "win" notice than the number of prizes stated herein, the Sponsor reserve the right, in its sole discretion, to terminate the Contest in whole or part, or amend or suspend it and award only the number of prizes stated in these Official Rules via a random drawing for the prizes not yet distributed at the time the Contest is terminated, suspended or amended. In no event will the number of prizes awarded exceed the available number of prizes as specified in these Official Rules. In the event that any draws are stopped, interfered with or not conducted for any reason during the Contest Period, the Sponsor reserves the right in its sole discretion, to resume conducting draws as soon as reasonably possible after any interference or cessation of such draws. With respect to any draws that were not conducted, as contemplated by these Official Rules, the Sponsor also reserves the right in its sole discretion, to conduct some or all such draws at the end of the Contest Period.
21. This Contest is subject to all Federal, Provincial, and Municipal laws. All entries become the property of the Sponsor and no correspondence will be entered into except with selected participants who will be contacted by mail, phone or by email. By entering the Contest, participants consent to the use of their name, province of residence, image on videotape and/or photograph, in any publicity carried out by the Sponsor, Contest Administrator or its agents without compensation or further notice. Sponsor and Contest Administrator make no representation or warranty that any identification, videotape, photograph and/or likeness of any winners will be broadcast or used otherwise in any manner. VOID WHERE PROHIBITED BY LAW.
22. In the event of any discrepancies between the English language rules and the non-English language rules, the English rules shall prevail.
23. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
24. Unless entrants otherwise indicated, the personal information gathered about entrants in the course of this Contest will be used solely by the Sponsor and Contest Administrator. The information will be used solely for the administration of the Contest and in connection with any publicity relating to the Contest.
TRADEMARK OWNER / PROPRIéTAIRE DES MARQUES: SOCIéTé DES PRODUITS NESTLé S.A., VEVEY, SWITZERLAND / SUISSE. LICENSEE / LICENCIé: NESTLé CANADA INC., NORTH YORK, ON M2N 6S8.