MONSTER ENERGY CANADA LTD.
”National Monster Energy® Gaming Gear Sweepstakes”
- “The “National Monster Energy® Gaming Gear Sweepstakes” (the “Sweepstakes”) is open to legal residents of Canada, who have reached the age of majority in their province or territory 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”), the Sweepstakes administrator: Streetmeet Inc. o/a Unoapp & Digital Menubox (“UNOapp”), the fulfillment agency: PPFD Ltd., 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”).
- Sponsor: Monster Energy Canada Ltd.
Administrator: Streetmeet Inc. o/a Unoapp & Digital Menubox
Agreement to Official Rules
- By participating in the Sweepstakes, entrant fully and unconditionally agrees to, and accepts, these official rules (the “Official Rules”) and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes.
- The Sweepstakes begins at 12:01 AM Eastern Time ("ET"), on September 1, 2019 and ends at 11:59 PM ET, on December 31, 2019 (collectively the "Promotion Period"). UNOapp’s computer is the official time-keeping device for this Sweepstakes.
How to Enter
- No Purchase Necessary. To enter, complete the following steps:
Step 1: Text “GAMING” to 87878 to receive a Sweepstakes link. Regular text messaging rates, airtime, data, and carrier charges may apply;
Step 2: Fill in the required fields and accept the UNOapp terms and conditions. Sweepstakes entrants will be required to consent to receiving electronic messages, and the collection, use, storage, and disclosure, of their personal information by Sponsor and UNOapp for the purposes of the Sweepstakes via text message to complete their entry;
Step 3: You will receive the following message: “You have been entered into the Grand Prize draw. Click on the following link for a chance to win a Daily Prize”;
Step 4: When the “scratch here” screen appears, move your finger across the screen to see if you are a potential Daily Prize winner (subject to correctly answering a skill-testing question);
Step 5: Winners will receive a text message if they have won.
- Regular text messaging rates, airtime, data, and carrier charges may apply; no other costs or other obligation will be incurred, by entering the Sweepstakes. The complete official rules can be found at: https://www.monsterenergy.com/. Sweepstakes entrants will be required to consent to receiving electronic messages, and the collection, use, storage, and disclosure, of their personal information by Monster for the purposes of the Sweepstakes via text message to complete their entry.
- All entries must be received during the Promotion Period. 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. Only one (1) entry per mobile phone number, per day. Only one (1) mobile phone number may be used by any one person to participate in this Sweepstakes. Any personal information submitted will be used for the purposes of administering this Sweepstakes only.
- Entries will only be accepted as described herein and will not be accepted by any other means. The potential winner will be identified as the authorized account holder of the phone number used to enter the Sweepstakes.
- Grand Prizes: There are ten (10) “Grand Prizes” to be won. Each consists of Monster Energy® branded gaming gear including: Game console, earbuds, headphones, controller/headset holder, speaker, inflatable gaming chair, and a countertop cooler. All Grand Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. The approximate retail value (“ARV”) of each Grand Prize is: $1,000.00.
Daily Prizes: There are one hundred and twenty-two (122) total “Daily Prizes” available to be won. Sixty-one (61) consist of one (1) set of Monster Energy® branded headphones. The approximate retail value (“ARV”) of the headphones is: $80.00. Sixty-one (61) consist of one (1) Monster Energy® branded speaker. The approximate retail value (“ARV”) of the speaker is: $40.00.
From time to time herein, Grand Prizes and the Daily Prizes may be individually referred to as a “Prize” and collectively the “Prizes”.
- Prize suppliers are independent parties over which Monster does not exercise any control. Monster is not responsible for the acts or omissions of these suppliers nor does it assume responsibility for any warranty, claims, losses, damages, costs, expenses, delays or loss of enjoyment to any prize winner.
- 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, Monster reserves the right to substitute a prize of equal or greater value. Limit one (1) Daily Prize and one (1) Grand Prize per person.
- If you are the first to scratch the “scratch here” screen at a randomly selected winning momement during each day of the Promotion Period, as determined and verified by Sponsor’s SMS provider, UNOapp, or if no one sratches the “scratch here”screen at such moment, and you are the first to scratch the “scratch here” screen immediately after such moment, as determined and verified by the Sponsor, always subject to correctly answering a skill-testing question, you will get a notice you won a Daily Prize. A random draw from all eligible entries for the Grand Prizes will be made by Sponsor’s SMS provider, UNOapp, on January 6, 2020. The draw will be at UNOapp, 670 Caledonia Rd., 2nd Floor, Toronto, ON M6E 4V9, at approximately 3:00 PM ET, to select ten (10) potential Grand Prize winner.
- The odds of winning a Daily Prize in this Sweepstakes depends on the total number of valid entries received each day during the Promotion Period. The odds of winning a Grand Prize in this Sweepstakes depends on the total number of valid entries received during the Promotion Period.
Requirements of Potential Winner
- To be declared a potential Prize winner, the selected entrant who is eligible for any Prize will be required to correctly answer unaided (mechanical or otherwise), a time-limited mathematical skill-testing question at a predetermined mutually convenient time. Following the draw described herein, a selected entrant will be contacted by email or by phone or text at the telephone number provided by the entrant. If the selected entrant cannot be reached personally without leaving a message by telephone within two (2) 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 two (2) business days from the date of receipt thereof, or if he or she does not otherwise comply with these Official Rules, his or her entry will be forfeited and the next selected entrant drawn will be contacted on the third (3rd) day and such process may be repeated at the discretion of the Sponsor.
- As a condition of winning and accepting receipt of any prize, prize winners shall sign a declaration and release, in the form requested by Monster, confirming compliance with the Sweepstakes Official Rules, acceptance of the prize as awarded, and releasing Monster and all the Sweepstakes Entities.
- By entering this Sweepstakes, entrants agree to comply with these Official Rules and with the decisions of Sponsor and the Administrator as they relate thereto.
- By entering the Sweepstakes, each Prize winner agrees to sign a Declaration, as described above. In addition, each Prize winner agrees to the use of his/her name, place of residence and image in any publicity carried out by Sponsor without compensation.
- By accepting the Prize in connection with this Sweepstakes, Prize winners must agree to release, remise and forever discharge Sponsor, its parent, participating retailers, and all affiliates thereof from any claims, liabilities or damages incurred in connection with the delivery, installation, use and consumption of a Prize.
- Sponsor assumes no responsibility or liability for lost, late, misdirected or incomplete entries, codes and release documents or for any problems or failures. Sponsor is not responsible for any incorrect or inaccurate information, or by any technical or human error, which may occur in the processing of entries in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor 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 Sponsor, then, subject to regulatory approval when required, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Sweepstakes without notice.
- Sponsor reserves the right to disqualify any entrant who it finds to be in violation of these Official Rules or tampering with the Sweepstakes process. Sponsor 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. Any attempt by anyone to deliberately undermine the legitimate operation of this Sweepstakes is in violation of criminal and civil laws and Sponsor reserves the right to seek damages or other legal remedy to the fullest extent permitted by law.
- All decisions of Sponsor in connection with this Sweepstakes are final and binding in all respects. Each Prize must be accepted as awarded. Each Prize is non-transferable.
- All entries become the property of Monster Energy Canada Ltd. and will not be returned.
- This Sweepstakes and the terms and conditions contained in these Official 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.
- This Sweepstakes is subject to all applicable federal, provincial and municipal laws and is void where prohibited.
- These Official Rules are available at https://www.monsterenergy.com/
- For 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 (the “Régie”) for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping parties reach a settlement.
- For residents of all provinces, excepting Quebec: All disputes, disagreements, controversies, questions or claims arising out of or relating to this Sweepstakes, including, without limitation, with respect to its execution, validity, application, interpretation, performance, breach, termination or enforcement (“Disputes”), shall be (a) resolved individually, without resort to any form of class action, and (b) 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.
- The Claw Icon and all MONSTER ENERGY trademarks are owned by Monster Energy Company and/or its parent, subsidiary, and affiliated companies. Other trademarks appearing are the property of their respective owners.