MONSTER ENERGY CANADA LTD. “FEDERATED CO-OP KAWASAKI GIVEAWAY” OFFICIAL RULES
1. The “Federated CO-OP Kawasaki Giveaway” (the “Sweepstakes”) is open only to residents of British Columbia, Alberta, Saskatchewan, and Manitoba, who are at least the age of majority in their province of residence at the time of entry, except employees, representatives and agents, and members of their immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Monster Energy Canada Ltd. (“Monster”), Canadian Kawasaki Motors Inc. (“Kawasaki”), Federated Cooperatives Limited, participating CO-OP locations, the contest administrator, LPi Communications Group Inc. (“LPi Group”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”). ,
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 (PDT) on May 5, 2013 and ending at 11:59 PM PDT (the “Sweepstakes Closing Time”) on June 17, 2013 (the “Sweepstakes Closing Date”) visit www.monsterenergy.com/ca/en/promotions, click on the “Enter promotion” link for the “Federated CO-OP KawasakiGiveaway” promotion 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 the Sweepstakes Closing 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.
7. The prizes available to be won (collectively, the “Prizes” and each a “Prize”) are as follows:
a) One (1) grand prize is available to be won. The Grand Prize shall be awarded to an eligible Grand Prize winner. The Grand Prize consists of one (1) 2013 Kawasaki KX250F Motocross Bike. The approximate retail value of the Grand Prize is (CDN) $8,700; and
b) Ten (10) First Prizes are available to be won. One First Prize shall be awarded to each eligible First Prize winner. Each First Prize is one (1) Kawasaki branded “Ryan Villopoto” Number Plate. The approximate retail value of each First Prize is (CDN) $25.00.
8. The prizing manufacturers are independent parties over which the Sweepstakes Entitiesdo not exercise any control. The Sweepstakes Entities are not responsible for the acts or omissions of any prize suppliers nor does it assume responsibility for any claims, losses, damages, costs, expenses, delays or loss of enjoyment to the 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 any Prize, the Sweepstakes Entitiesreserve the right to substitute a prize of equal or greater value.
Sweepstakes Draw and Odds of Winning
10. A random draw from all eligible entries will be made by LPi Group located at #101, 253-62 Avenue. SE, Calgary, AB T2H 0R5, on July 10, 2013 at approximately 3:00 PM PDT. The odds of winning are determined by the total number of valid entries received within the designated promotional period.
How to Win
11. To be declared a Prize 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 email or telephone at a predetermined mutually convenient time. Following the draw described herein, a selected entrant will be contacted by email or 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 five (5) business days of the first phone call made and after a minimum of two (2) attempts by a Monster representative, and if such selected entrant fails to execute and return a declaration and release form within five (5) 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 sixth (6th) day and such process may be repeated until each Prize has been awarded. No communication or correspondence will be entered into, except with the selected entrants.
12. The First Prizes will be delivered to each winner at the winner’s address as identified on the method of entry. The Grand Prize will be delivered to a Kawasaki dealership as determined by Monster in its sole discretion.
13. As a condition of winning and accepting delivery of the Prize, each Prize winner shall sign a declaration and release, in the form requested by Monster, confirming compliance with the Official rules, acceptance of the Prize as awarded, and releasing the Sweepstakes Entities from all liability arising in connection with the Sweepstakes and the Prize.
16. By entering this Sweepstakes, entrants agree to comply with these OfficialRules and with the decisions of the Sweepstakes Entitiesas they relate thereto.
17. By entering the Sweepstakes, the 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 the Sweepstakes Entitieswithout compensation.
18. By accepting a Prize in connection with this Sweepstakes, Prize winners agree to release, remise and forever discharge the Sweepstakes Entities, their parent, and all affiliates thereof from any claims, liabilities or damages incurred in connection with the delivery, installation, use and consumption of the Prizes.
19. The Sweepstakes Entitiesassume 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. Sweepstakes Entities are 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. The Sweepstakes Entitiesassume 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 Sweepstakes Entitiesare 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 the Sweepstakes Entities 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 the Sweepstakes Entities,then, subject to regulatory approval when required, Sweepstakes Entities reserve the right in their sole discretion to cancel, terminate, modify or suspend this Sweepstakes without notice.
20. The Sweepstakes Entitiesreserve the right to disqualify any entrant who it finds to be in violation of these Sweepstakes rules or tampering with the Sweepstakes process and they reserve 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 the Sweepstakes Entitiesreserve the right to seek damages or other legal remedy to the fullest extent permitted by law.
21. All decisions of the Sweepstakes Entitiesin connection with this Sweepstakes are final and binding in all respects. All Prizes must be accepted as awarded. The Prizes are non-transferable.
22. All entries become the property of the Sweepstakes Entitiesand will not be returned.
23. 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. All disputes, disagreements, controversies, questions or claims arising out of or relating to this Agreement, 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 Parties, and there shall be no appeal therefrom, including, without limitation, any appeal to a court on a question of law, a question of fact or a question of mixed 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 any Party on notice to all the other Parties. 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 arbitral, 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.
26. The Sweepstakes Rules are available on-line at www.monsterenergy.com/ca/en/promotions.
27. The Claw Icon and all MONSTER ENERGY trade-marks are owned by Monster Energy Company. Other trade-marks appearing, including KAWASAKI trade-marks, are the property of their respective owners.