OPEN TO ELIGIBLE LEGAL RESIDENTS OF CANADA WHO ARE AT LEAST THE AGE OF MAJORITY IN THE PATICIPANT’S PROVINCE/TERRITRORY OF RESIDENCE.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VALID WHILE SUPPLIES LAST.
ELIGIBILITY: The Conagra Brands Canada, Inc. Orville Redenbacher®️ 50th Anniversary Customized Bowl Promotion (the “Promotion”) is open only to legal residents of Canada who are at least the legal age of majority in his or her province/territory of legal residence at the time that a Qualifying Purchase, defined in Rule 3, was made (“Participants”). Employees of ConAgra Brands Canada, Inc. (“Sponsor”), and its parent, affiliates, and subsidiaries, advertising and Promotion agencies, including but not limited to those entities involved in the preparation of materials for, administration and/or execution of this Promotion (collectively, “Promotion Entities”) and their immediate family members (spouse, parents, children or siblings including step-relations) and/or those living in the same household of such employees (whether or not related) are ineligible.
PROMOTION PERIOD: The “Promotion Period” starts on March 31, 2020 at 12:00 AM (midnight) Eastern Time (“ET”) and ends on December 31, 2020 at 11:59:59 PM ET but is only available while supplies last. Two Thousand Five Hundred (2,500) “Popcorn Bowls”, defined below, are available in this Promotion. Sponsor reserves the right, in its sole discretion (subject only to the approval of the Régie des alcools, des courses et des jeux in Quebec) to terminate the Promotion, in whole or in part, and/or modify, amend or suspend the Promotion, and/or the these Official Terms and Conditions in any way, at any time, for any reason without prior notice.
PROMOTION INSTRUCTIONS: To participate in the Promotion, during the Promotion Period, a Participant must make a single purchase in Canada of at least two (2) Orville Redenbacher® products (“Qualifying Purchase”) on one receipt. Then during the Promotion Period, the Participant must visit to www.Orville50.com (the “Website”), upload a photo of the register receipt clearly showing the Qualifying Purchase, and complete the registration requirements set forth on the Website. Each receipt with a Qualifying Purchase may only be used one time in this Promotion. The Participant will have the option to select an English language or French language limited edition Orville Redenbacher® Popcorn Bowl (the “Popcorn Bowl”). The Participant will then be offered the opportunity to customize each Popcorn Bowl by entering up to eighteen (18) characters (including spaces). Sponsor, in its sole and absolute discretion, will have the right to reject any custom language that Sponsor believes is defamatory, vulgar or offensive in any manner whatsoever. Sponsor may but is not required to contact the Participant and may ask for alternative language. Finally, the Participant must pay $6.99 CAD in shipping costs and handling fees (includes applicable taxes) for the Popcorn Bowl using a major credit card recognized by the Website.
The Popcorn Bowl will be mailed to the address provided by the Participant at the time of registration. Participants must allow approximately six to eight weeks for delivery of a Popcorn Bowl after registration and confirmation of eligibility.
The approximate retail value of each Popcorn Bowl is $45.00 CAD. Popcorn Bowls are subject to availability and only available while supplies last.
No substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Popcorn Bowl with an item of equal or greater value in case of unavailability or force majeure. Each Participant shall be solely responsible for payment of any and all applicable federal, provincial, territorial, and local taxes for any Popcorn Bowls received. All other costs and expenses not expressly set forth herein shall be solely the recipient’s responsibility. The Sponsor is not responsible for any delays in shipping the Popcorn Bowls. The Sponsor will ship the items to the address provided by the Participant when registering for this Promotion. The Sponsor is not responsible for any errors in the shipping address provided by the Participant and will not be required to ship any Popcorn Bowls that are returned due to an error in the shipping address provided by the Participant.
PROMOTION LIMITATIONS: There is no limit on the number of Popcorn Bowls that a Participant can receive but for each Popcorn Bowl, a Participant must make a separate Qualifying Purchase and pay the shipping costs and handling fee (includes applicable taxes). This Promotion cannot be combined with any other Sponsor promotion.
INDEMNIFICATION BY PARTICIPANT. By entering the Promotion, Participant releases and holds Sponsor, Mars Advertising, Inc., Mars Philter, Inc., Elite Digital Inc., their parent company, subsidiaries, affiliates, related companies, advertising, media buying and promotional agencies, and/or licensees, and each of their respective employees, directors, officers, suppliers, agents, administrators, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Promotion, participation in any Promotion-related activity, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom. The Participant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Promotion, without limitation.
LIMITATION OF LIABILITY. The Sponsor, Releasees, and all retailers where Orville Redenbacher® products are sold assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the administration of the Promotion. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, mobile device, players, or browsers, on account of technical problems or traffic congestion on the Internet, any network, at any website, or on account of any combination of the foregoing. The Sponsor is not responsible for any injury or damage to Participant or to any computer or mobile device related to or resulting from participating or downloading materials in this Promotion. Participant assumes liability for injuries caused or claimed to be caused by participating in the Promotion, or by the acceptance of, participation in, or failure to receive any Popcorn Bowl. The Sponsor assumes no responsibility or liability in the event that the Promotion cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Promotion, and/or the Promotion Website.
TO THE FULL EXTENT PERMITTED BY LAW: ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ONLY SPONSOR AND/OR ADMINISTRATOR MAY RESCIND THIS PROMOTION AND/OR SEEK INJUNCTIVE AND/OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASEES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
CONDUCT. By participating in the Promotion, each Participant agrees to be bound by the Official Terms and Conditions, which will be posted at the Promotion Website and made available throughout the Promotion Period. Participant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any Participant found to be: (a) violating the Official Terms and Conditions; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion and/or the Promotion Website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION. A. By participating in the Promotion, Participant: (i) grants to the Sponsor, the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Promotion, including but not limited to contacting the participant and fulfilling the Popcorn Bowl and (ii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
INTELLECTUAL PROPERTY. All intellectual property of Sponsor, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the respective owner and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express prior written consent of its owner is strictly prohibited.
GOVERNING LAW; DISPUTES: Each Participant who participates in this Promotion agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the Refund, or any portion thereof, shall be resolved individually, without resort to any form of class action, and exclusively in accordance with the laws of the Province of Ontario and federal laws of Canada over any claim or matter arising under or in connection with the Promotion or these Official Terms and Conditions, as applicable; and in addition to the limitations in Rule 6 of these Official Terms and Conditions, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys\' fees. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Terms and Conditions, or the rights and obligations of the Participant, who is a resident of Canada, and Sponsor, shall be construed and governed by the laws of the Province of Ontario and federal laws of Canada, as applicable, without regard to conflicts of law rules.
FOR RESIDENTS OF QUEBEC: Notwithstanding Rule 11, for Participants residing in the Province of Quebec, any litigation respecting the conduct or organization of a publicity Promotion may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Submission to the Régie is only for the purpose of helping the parties reach a settlement.
Subject to the jurisdiction of the Régie, Sponsor reserves the right to terminate, suspend or modify the Promotion. In the event of any discrepancy or inconsistency, between the English-language version and the French language version of these Official Terms and Conditions, the English version shall prevail and govern.
SOCIAL MEDIA. This Promotion is in no way sponsored or endorsed by any social media platforms on which the Promotion may have been promoted and/or publicized.
ADMINISTRATOR: The Administrator of the Promotion is Elite Digital Inc., 5511 Steeles Avenue West #200, Toronto, Ontario M9L 1S7.