Enter for a chance to win the Ultimate Costa Rican Adventure!! Grand Prize - An exclusive trip for 2 First Prize - 5 winners receive a Haro mountain bike.
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Promotion Rules
MONSTER ENERGY CANADA LTD. JAVA MONSTER® – ENTER FOR A CHANCE TO WIN THE ULTIMATE COSTA RICAN ADVENTURE SWEEPSTAKES OFFICIAL RULES BY
SUBMITTING AN ONLINE ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES
ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.
SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS
CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE NECESSARY TO
ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF
WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE
ENTRIES RECEIVED. INTERNET ACCESS AND ONLINE ENTRY IS REQUIRED. TO
WIN, POTENTIAL WINNERS MUST CORRECTLY ANSWER A MATHEMATICAL
SKILL-TESTING QUESTION. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY
LAW. Eligibility 1. The Java Monster® – Enter
For A Chance To Win the Ultimate Costa Rican Adventure Sweepstakes, (the
“Sweepstakes”) is open to all residents of the Canadian Provinces of
British Columbia, Alberta, Manitoba, Saskatchewan, and Ontario who are
at least eighteen (18) years of age or the age of majority in their
primary province of residence (whichever is older) at the time of entry
and possess a valid passport and have access to the Internet, except
employees, representatives and agents of Monster Energy Canada Ltd.
(“Monster”), 7-Eleven Canada and its affiliated companies and members of
the respective immediate families of such employees, representatives
and agents, and all persons with whom they are domiciled.
How To Enter 2. No Purchase Necessary. Only one entry per person. 3.
To enter the Sweepstakes, during the period beginning at 12:01 AM
Pacific Daylight Time on August 1, 2012 and ending on September 30, 2012
at 11:59 PM Pacific Daylight Time visit
www.monsterenergy.com/ca/en/promotions, click on the “Enter promotion”
link for the “Java Monster® – Enter For A Chance To Win the Ultimate
Costa Rican Adventure Sweepstakes” and complete the on-line registration
by providing the following information: First name; last name; home
address; a valid email address; date of birth, and home telephone number
including area code. Monster’s computer is the official timekeeping
device for entry in the Sweepstakes. Normal time rates, if any, charged
by the entrants’ Internet service or mobile provider will apply. 4. No Mail-in entries will be accepted. 5.
All entries must be received no later than September 30, 2012 at 11:59
PM Pacific Daylight Time. Entries which are incomplete, late, lost,
irregular in any way or sent by an unauthorized method are void and will
not be eligible or accepted at the time of the draw. 6. Entries will only be accepted as described herein and will not be accepted by any other means.
Prizes 7. The prizes available to be won (the “Prizes”) are as follows: (a)
Grand Prize. One (1) Grand Prize is available to be won. The Grand
Prize package includes: Round trip airfare for two from major airport
closest to Grand Prize Winner’s residence to Costa Rica; accommodations
for four (4) nights; and $750.00 in spending money. Trip dates are to
be determined and subject to change based on event scheduling, but are
expected to be in November, 2012. Grand Prize approximate retail value
(“ARV”) is $4,750 and will vary depending on the winner’s departure
location; and (b) First Prizes. Five (5) First Prizes are
available to be won. Each First Prize includes one (1) Haro Flightline
Sport Bike. Each First Prize ARV is $580.00. 8. Travel and
sport bike supplier are independent parties over which Monster Energy
does not exercise any control. Monster is not responsible for the acts
or omissions of these suppliers nor does it assume responsibility for
any claims, losses, damages, costs, expenses, delays or loss of
enjoyment to the Prize winners. 9. The Prizes must be accepted as
awarded, and may not be assigned, substituted or redeemed for cash
value. In case of the unavailability of a Prize, Monster reserves the
right to substitute a Prize of equal value.
Sweepstakes Draw 10. On or about October 1, 2012 at 2:00 p.m.
Pacific Daylight Time, a random draw from all eligible entries will be
made by Orbit Sales and Marketing, PO Box 290904, Nashville, TN 37229
USA. The odds of winning a Prize will depend on the total number of
valid entries received.
How to Win 11. In order to be declared a Sweepstakes
winner, each selected entrant who is eligible for a Prize will be
required to correctly answer unaided (mechanical or otherwise), a
time-limited mathematical skill-testing question by telephone at a
predetermined mutually convenient time. Following the draw described
herein, a selected entrant will be contacted by email and then by phone
at the telephone number provided by the entrant. If the selected entrant
can not be reached personally without leaving a message by telephone
within ten (10) business days of the first phone call made and after a
minimum of three (3) attempts by a Monster representative, and if such
selected entrant fails to execute and return a declaration and release
form within ten (10) days from the date of receipt thereof, his or her
entry will be forfeited and the next selected entrant drawn will be
contacted on the eleventh (11th) day and such process will be repeated
until each Prize has been awarded. No communication or correspondence
will be entered into, except with the selected entrants. 12. The
Grand Prize winner will receive travel instructions by email and the
spending money will be delivered by a Monster representative. The First
Prizes will be delivered to the Sweepstakes winners at the address
provided by the entrant at the time of entry by regular mail or courier.
13. As a condition of winning and accepting delivery of the
Prize, each Sweepstakes winner shall sign a declaration and release, in
the form requested by a Monster, confirming compliance with the
Sweepstakes rules, acceptance of the Prize as awarded, and releasing
Monster Energy Canada Ltd., its parent company and all other affiliated
companies and their respective officers, directors, employees,
representatives and agents from all liability arising in connection with
the Sweepstakes and the Prize.
Privacy 14. Monster and its parent and affiliates may, from
time to time, upon consent of the entrant, use the personal information
provided in connection with this Sweepstakes to: (i) contact the winning
entrant for the purpose of delivering the Prize; (ii) contact entrants
directly regarding products and services provided by Monster and their
parent companies and affiliates; and (iii) research the effectiveness of
the websites and the marketing, advertising and sales efforts of
Monster and its parent and affiliates. For further information about
Monster’s and its parent and affiliates’ use of personal information,
please visit Monster’s website and review the Terms of Use accessible at
www.monsterenergy.com/ca/en/resources/terms/ and Monster’s Privacy
Policy available at www.monsterenergy.com/ca/en/resources/privacy. 15.
Monster will treat all personal information in accordance with
relevant privacy laws. It is the intention of Monster that all personal
information provided in connection with the Sweepstakes be kept
confidential and used only for the purposes outlined herein or as
permitted in Monster’s Terms of Use and Privacy Policy. 16. By
entering the Sweepstakes, Sweepstakes entrants consent to the use of
their personal information for the purposes described herein or in
Monster’s Terms of Use and Privacy Policy.
General Rules 17. By entering this Sweepstakes, entrants agree
to comply with these Sweepstakes Rules and with the decisions of
Monster as they relate thereto. 18. By entering the Sweepstakes,
the Sweepstakes winners agree to sign a standard form of declaration and
release as described in section 13. In addition, each winner agrees to
the use of his/her name, place of residence and image in any publicity
carried out by Monster without compensation. 19. By accepting a
Prize in connection with this Sweepstakes, Prize winners agree to
release, remise and forever discharge Monster, its parent, and all
affiliates thereof from any claims, liabilities or damages incurred in
connection with the delivery, installation, use and consumption of the
Prizes. 20. Monster assumes no responsibility or liability for
lost, late, misdirected or incomplete entries and release documents or
for any problems, failures or technical malfunction of any network
lines, computer online systems, telephone, hardware, software, server,
providers, e-mail, player, browser or technical malfunctions that may
occur (including but not limited to malfunctions that may affect the
transmission or non-transmission of an entry) howsoever caused. Monster
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 Sweepstakes or by any technical or
human error which may occur in the processing of entries in the
Sweepstakes. Monster 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. Monster is not responsible for any injury
or damage to entrants’ computer or any other computer, related to or
resulting from participating or downloading materials in this
Sweepstakes. If, for any reason, the Sweepstakes is not capable of
running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any
other causes beyond the control of Monster that corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Sweepstakes or cause it to not comply with any applicable law having
jurisdiction over Monster, then, subject to regulatory approval when
required, Monster reserves the right in its sole discretion to cancel,
terminate, modify or suspend this Sweepstakes without notice. 21.
Monster reserves the right to disqualify any entrant who it finds to be
in violation of these Sweepstakes rules or tampering with the
Sweepstakes process. Monster reserves the right to refuse an entry from a
person whose eligibility is in question or who has been disqualified or
is otherwise ineligible to participate. Entries generated by script,
macro, robotic, programmed, or any other automated means are prohibited
and will be disqualified. Any attempt by anyone to deliberately
undermine the legitimate operation of this Sweepstakes is in violation
of criminal and civil laws and Monster reserves the right to seek
damages or other legal remedy to the fullest extent permitted by law. 22.
All decisions of Monster in connection with this Sweepstakes are final
and binding in all respects. All Prizes must be accepted as awarded.
The Prizes are non-transferable. 23. All entries become the property of Monster and will not be returned. 24.
This Sweepstakes and the terms and conditions contained in these
Sweepstakes Rules, shall be exclusively governed by and construed in
accordance with the laws of the Province of Ontario, Canada and the
federal laws of Canada applicable therein. 25. This Sweepstakes is subject to all applicable federal, provincial and municipal laws and is void where prohibited. 26.
All disputes, disagreements, controversies, questions or claims
arising out of or relating to this Sweepstakes Declaration and Release,
including, without limitation, with respect to its formation, execution,
validity, application, interpretation, performance, breach, termination
or enforcement (“Disputes”), shall be determined by a sole Arbitrator
(the “Arbitrator”) under the Arbitration Act, 1991 (Ontario) (the
“Act”). The resolution of Disputes pursuant to this section shall be
final and binding upon the Winner, Monster, Coca-Cola Refreshments and
Coca-Cola (the “Parties”), and there shall be no appeal therefrom,
including, fact and law. In addition: (a) section 7(2) of the Act will not apply to the arbitration; (b)
unless the parties otherwise agree, the Arbitrator will be appointed
by a judge of the Superior Court of Justice of Ontario on the
application of either Party on notice to the other party. No individual
shall be appointed as Arbitrator unless he or she agrees in writing to
be bound by the provisions of this Article; (c) the arbitration shall take place in the City of Toronto unless otherwise agreed in writing by the parties; (d) subject to the Act, the Arbitrator may conduct the arbitration in the manner the Arbitrator considers appropriate; (e) the language to be used in the arbitration shall be English; (f)
within seven (7) calendar days after appointment the arbitrator shall
set the hearing date, which shall be within ninety (90) calendar days
after the filing date of the demand for arbitration unless a later date
is required for a good cause shown. The parties agree to a mutual
exchange of relevant documents and the taking of up to a maximum of five
(5) depositions by each party to last no more than two (2) calendar
days in aggregate for each party. (g) the parties desire that any
Dispute should be conducted in strict confidence and that there shall be
no disclosure to any person of the existence of the Dispute or any
aspect of the Dispute except as is necessary for the resolution of the
Dispute; and (h) the Arbitrator shall have the right to determine
all questions of law and jurisdiction, including questions as to
whether a claim is arbitrable, and shall have the right to grant legal
and equitable relief including injunctive relief and the right to grant
permanent and interim injunctive relief, and final and interim damages
awards. The Arbitrator shall also have the discretion to award costs,
including reasonable legal fees and expenses, reasonable expert`s fees
and expenses, reasonable witnesses` fees and expenses pre-award and
post-award interest and costs of the arbitration. 27. The Sweepstakes Rules are available on-line at www.monsterenergy.com/ca/en/promotions. 28.
The Claw Icon and all MONSTER ENERGY trade-marks are owned by Monster
Energy Company. Other trade-marks appearing, including the 7-Eleven and
Haro trade-marks, are the property of their respective owners.