HERSHEY'S CHIPITS Love to BakeStakes™ CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Hershey Canada Inc.'s CHIPITS Love to BakeStakes™ 2010 Contest (the "Contest") begins on Tuesday March 23, 2010 at 9:00 AM Eastern Time ("ET") and ends on Friday December 31, 2010 at 5:00 PM ET (the "Contest Period"). There are two (2) parts to this Contest: (a) a series of draws from among the entries received during each month of the Contest Period; and, (b) a Grand Prize draw from all non-winning entries received during the entire Contest Period. See Rules 4 and 5 respectively, for details. For the purposes of this Contest, "month" is defined as any calendar month during the Contest Period, beginning at 12:00:01 AM ET on the first day and ending at 11:59:59 PM ET on the last day, with the exception of the first month of the Contest Period which begins at 9:00 AM ET on March 23, 2010 and ends at 11:59:59 PM ET on April 30, 2010 and the last month, which ends at 5:00 PM ET on the last day of the Contest Period.
The Contest is run by Hershey Canada Inc. (the "Sponsor"). For the purposes of the Contest, the "Contest Group" is composed of the Sponsor, and the prize provider, Whirlpool Canada LP ("Whirlpool") together with their respective affiliates, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest and their respective officers, directors, employees, agents, and other representatives.
2. ELIGIBILITY
The Contest is open to legal residents of Canada over the age of majority in the province or territory in which they reside as of the date of entry. Excluded from eligibility are officers, directors, employees, agents and sales representatives of Sponsor, Whirlpool, the independent contest judging organization, each of their respective parent, affiliated and related companies, agencies, suppliers of the materials and services related to this Contest, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives.
3. HOW TO REGISTER AND ENTER
NO PURCHASE NECESSARY. Internet access required. Online entry through the Contest Website only; no other means of submission will be accepted.
Although online access and an e-mail account are required in order to participate, no purchase is required in order to enter the Contest. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free e-mail accounts.
A. ACCOUNT REGISTRATION
NO PURCHASE NECESSARY. Internet access required. Go online to http://www.chipits.ca (the "Contest Website") during the Contest Period and follow the links to the Contest webpage. If you have participated in prior contests sponsored by Hershey Canada Inc., you may already have an account ("Account"), in which case you can log on using your existing username and password. If you do not have an Account, complete the registration form as indicated and click on "Submit". All fields must be completed unless indicated as optional. You only need to register once. Each entrant must register him or herself. Limit: One (1) Account per person. After you have registered, an Account will be set up for you and you may enter the Contest. Any attempts to exceed the maximum number of Accounts per person is a violation of these Official Contest Rules and may result in disqualification. Remember to keep your username and password confidential; you are responsible for all activity under your Account.
B. HOW TO ENTER
Online entry through the Contest Website only; no other means of submission will be accepted. Visit the Contest Website and log on to your Account. You will receive (1) entry for each successful time you log on, up to a maximum of one (1) entry per person per day. Those entrants who sign up for an Account through the Contest Website during the Contest Period will automatically receive one (1) entry into the Contest and this will constitute their first entry into the Contest. For the purposes of this Contest, "day" is defined as any 24-hour period beginning at 12:00:01 AM ET during the Contest Period, with the exception of March 23, 2010 (the first day of the Contest Period) which begins at 9:00 AM ET and ends at 11:59:59 PM ET and December 31, 2010 (the last day of the Contest Period) which begins at 12:00:01 AM ET and ends at 5:00 PM ET. Each entry must be submitted separately by the entrant him or herself. Use of automated devices is prohibited; automated entries (including but not limited to entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification.
Each entrant will have the option to use the "Tell-a-Friend" form after registering. The entrant can send up to a maximum of five (5) pre-scripted emails per month.Tell-A-Friend emails will be sent through the Contest Website, and will tell your friends that you think that they might be interested in this Contest. For each Tell-a-Friend email that an entrant sends through the Contest Website to a valid and unique email address, he or she will receive one (1) additional entry into the Contest, regardless of whether or not the friend enters the Contest. Recipients of Tell-a-Friend emails are not automatically entered into the Contest, and must register and enter themselves. By using the Tell-a-Friend form on the Contest Website, you represent that you have the permission of your friend to submit his or her email address. Sponsor will not use or retain email addresses submitted through the Tell-A-Friend form for any purpose outside of this Contest, unless the recipient otherwise consents.
4. HOW TO WIN – MONTHLY PRIZES
To be eligible for a monthly prize, all entries must be received by 11:59:59 PM ET on the last day of that month, with the exception of December 31, 2010 (the last day of the Contest Period) in which entries must be received by 5:00 PM ET. Following each month, a random draw will be conducted from among all entries received during the immediately preceding month. There is one (1) Monthly Prize to be awarded each month, for a total of nine (9) Monthly Prizes. The number of Monthly Prizes available to be won will diminish as they are awarded. Draws will be conducted on or about the first business day following the end of each month (except the last month, for which the draw will be conducted on or about January 14, 2011) at approximately 10:30 AM ET in Toronto, Ontario. Entries received during a given month will not be carried forward into future monthly draws. All non-winning monthly entries will be eligible for the Grand Prize Draw described below. See Prize Claim Conditions in Rule 6 below. Odds of being selected as eligible to win a Monthly Prize will depend on the total number of eligible entries received during the applicable month.
5. HOW TO WIN – GRAND PRIZE
On or about January 14, 2011, at approximately 11:00 AM ET in Toronto, Ontario, a random draw will be conducted from all non-winning entries received during the Contest Period. There is one (1) Grand Prize available to be won. See Prize Claim Conditions in Rule 6 below. Odds of being selected as eligible to win the Grand Prize will depend on the total number of eligible entries received during the Contest Period.
6. PRIZE CLAIM CONDITIONS
Selected entrants for any prize will be notified by telephone within approximately forty-eight hours of the applicable draw at the telephone number provided by the entrant during registration. Before being declared a winner, each selected entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone. Each selected entrant will also be required to complete and return to Sponsor (or its authorized agent) by the deadline specified in the documents a written declaration and release form, releasing the Sponsor, the independent contest judging organization, their respective parent, related and affiliated companies, advertising and promotional agencies, participating retailers, and all of their respective directors, officers, owners, partners, shareholders, employees, agents, representatives, successors and assigns from any liability in connection with this Contest or the use or misuse or possession of any prize. Return of any prize or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within seven (7) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Contest Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize, who will be subject to disqualification in the same manner.
7. PRIZES
There are nine (9) Monthly Prizes, one per month, and one (1) Grand Prize available to be won at the start of the Contest Period. The number of Monthly Prizes available will diminish as prizes are awarded.
Each Monthly Prize consists of the following:
- One (1) KitchenAid® Artisan Series 5 Qt (4.73L) 325-watt tilt-head stand mixer. Colour may vary and will be determined by Sponsor at its sole discretion.
Manufacturer’ Suggested Retail Value ("MSRP") of each Monthly Prize: $499.00 CDN
The Grand Prize consists of the following:
One (1) KitchenAid® Three Piece Stainless Steel Kitchen Suite including:
- One (1) Freestanding Electric Range (model #YKERS807SS) MSRP $2,399.00
- One (1) Dishwasher (model #KUDE70FVSS) MSRP $1,899.00
- One (1) Refrigerator (model #KBRS22KVSS) MSRP $1,699.00
MSRP of the Grand Prize: $5,997.00 CDN
Prizes will be delivered only to verified winners in Canada. MSRP values determined as of January 26, 2010. Prices are subject to change; dealers may sell for less. Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise; however, the Contest Group reserves the right to substitute a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of any Prize, cannot be awarded for any reason. Sponsor will not replace any lost or stolen Prizes. Sponsor makes no representations or warranties with respect to any Prize and any concerns or claims concerning a Prize should be directed to Whirlpool. Prizes include delivery to one Canadian address only, as supplied by selected winners. Installation of new appliance, removal of existing appliance and/or any other costs or expenses associated with the Prizes will be the responsibility of selected winners. Limit: One (1) prize per person and per household.
8. PERSONAL INFORMATION
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you register with Sponsor and enter the Contest for the purposes of managing your user profile and administering the Contest and prize fulfillment. You may be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions. The Contest Website is hosted on servers in the United States, and the personal information you provide may therefore also be subject to the laws of the United States.
By accepting a Prize, winner agrees to Sponsor's use of his/her name, city/province of residence, picture,biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice. Aggregate and/or anonymized Contest winner information may be used by the Sponsor to communicate about the Contest to its retailers and distributors.
For further information about Sponsor's privacy practices, please see Sponsor's Privacy Policy at: http://www.hersheycanada.com/en/privacy/.
9. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY
Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the "Régie") with respect to residents of Quebec, to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in Sponsor's sole opinion, any factor interferes with its proper conduct as contemplated by these Official Contest Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion and subject only to the approval of the Régie in Quebec, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Contest Rules; and/or (c) award the Prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
10. GENERAL CONDITIONS
Winning a prize is contingent on fulfilling all the requirements set forth herein. All entries become the property of Sponsor and none will be returned or acknowledged. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Contest Rules. Decisions of Sponsor and/or the independent contest judging organization will be final and binding on all matters pertaining to this Contest. Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor's failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Contest Rules is determined to be invalid or otherwise unenforceable, then the Official Contest Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest and/or Contest Website, violates the Official Contest Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the e-mail address submitted at registration will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
11. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT SPONSOR, ITS PARENT, RELATED AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASEES") HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT RELEASEES AND WHIRLPOOL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY. WHIRLPOOL, ITS PARENT, RELATED AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE OR ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS OR DEFAMATION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Releasees, Whilrpool, and any of Sponsor's other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Contest Website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Contest judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
12. QUEBEC RESIDENTS ONLY
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux 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.
© Hershey Canada Inc. CHIPITS®, CHIPITS design and CHIPITS LOVE TO BAKESTAKES™ are trade marks of Hershey Canada Inc.
® Registered trade-mark/TM Trade-mark/ the mixer shape is a trade-mark of KitchenAid, U.S.A., KitchenAid Canada licensee in Canada. 2010 All rights reserved.