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Rules and Regulations for How You Play Contest

Rules for the Kinder “Tell Us How you Play” Contest (the "Contest") are available by writing (mailing) to: Kinder “Tell Us How you Play” — Contest Rules, P.O. Box 415, Dept-RULES Pickering, Ontario L1V 2R6”

*By entering this Contest, participants agree to comply with the official contest rules as follows:

How to Enter
No Purchase Necessary
Bonus Entry
Essay Requirements
Prizes
Prize Conditions
How to Claim your Prize
Eligibility
General Conditions

 

1. HOW TO ENTER

This Contest is organized by Ferrero Canada Limitée / Ferrero Canada Limited (the "Sponsor"). With purchase of a package of Kinder® Surprise® or Kinder® Chocolate, the consumer will receive a UPC code for entry. The promotional marked packages are available starting on or about June 27th, 2009. The consumer then goes to www.haveyouplayedtoday.ca home page to enter their UPC code and personal information and email address. Beginning 12:00pm EST June 27th, 2009 until 11:55pm EST, December 31st, 2009 (“Contest Period”) there will be 3 Grand Prizes to win in the Sweepstakes. There will also be 3 daily instant win secondary prizes that will be awarded by time code entry starting each day at 12:00am and finishing each day at 11:55pm for the Contest Period. A total of 564 Secondary Prizes will be awarded. Maximum 1 entry per household per day. If it is discovered that you attempted to enter more than once per day, all your entries will be void. Limit one Grand Prize per person/household.

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2. NO PURCHASE NECESSARY

To enter the Contest without a purchase: send a request on a plain piece of paper, with your name, address and telephone number. The request must be sent in a postage stamped envelope postmarked no later than December 15, 2009, to allow for delivery of your UPC Code number to enable you to enter online. Mail to Kinder “Tell Us How you Play”, P.O. Box 246, Dept-KNP Pickering, Ontario L1V 2R4. Maximum one request per outer envelope with sufficient postage.

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3. BONUS ENTRY

Each time you enter online you can obtain a bonus entry (maximum one per household per day) by submitting a: minimum 50 word original and personal essay explaining how you integrate playing with their kids and/or why play time is important to you and your kid’s personal development (“Essay”). Enter as often as you wish but each entry must contain a unique Essay and maximum 1 bonus entry per household per day.

4. ESSAY REQUIREMENTS:

Your submitted Essay must never have been previously published or selected as a winner in any other contest. To be eligible for entry in the Contest, your Essay must be in either English or French and meet the following requirements:
By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that the Essay:

  1. is original to him/her and that the entrant has all necessary rights in and to the Essay and all of its content to enter the Essay in the Contest;
  1. does not and will not violate any law, statute, ordinance or regulation;
  1. does not contain the names or trade-marks of any third parties unless consent has been obtained from all such individuals or their parent/legal guardian if a minor;
  1. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
  1. is not and will not be defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following:
  • Obscenities;
  • Nudity;
  • Explicit, graphic or excessive sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal or inappropriate activity, behaviour or conduct;
  • Personal information of individuals, including without limitation, names, addresses (physical or e-mail), phone and/or fax numbers;
  • Conduct or other activities in violation of these Official Rules;
  • Commercial messages, comparisons or solicitations for products or services (other than Kinder products);
  • Any commercial products and/or their trade-marks, brands, logos or endorsements (other than Kinder products);
  • URLs or links to any websites; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor and/or the contest judges in their sole discretion.

The Sponsor and/or the contest judges reserve the right to disqualify from the Contest any bonus entry Essay that they deem, in their sole discretion, to violate the terms and conditions set forth in these Rules.

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5. PRIZES

  • Three (3) Grand Prizes are available to be won, each consisting of one (1) cheque for $5,000 cash. There are 564 Secondary prizes to be won, three secondary prizes per day. Each Secondary prize is a Kinder Play Kit. Each Kinder Play Kit includes: one (1) soccer ball, one (1) kite, one (1) bottle of bubbles, One (1) package of markers, one (1) colouring book, one (1) play car, and one (1) deck of cards. All Play Kit toys will be contained in a plastic box. Estimated retail value of each Secondary Prize: $50.00

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6. PRIZE CONDITIONS

  • For all secondary prizes, prize is not transferable or redeemable for cash, except Sponsor reserves the right in its sole discretion, to substitute the prize or a prize component of equal or greater value. While best attempts will be made to fulfill all items in the Kinder Play Kit, some items listed may be substituted or removed from the Kinder Play Kit, provided that the approximate retail value will be at least $50.00. The Sponsor does not make any representations or warranty regarding the Prize. The Secondary Prize may differ from the one shown on the advertising material.

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7. HOW TO CLAIM YOUR PRIZE

  • WINNER SELECTION, Grand Prize: The Grand Prize winners will be selected by a random draw to be conducted by the independent contest organization. The Draw will be conducted at 1:00 p.m. in Toronto on January 7th, 2010. To be declared a winner, a selected entrant will be required to have correctly answered the mathematical skill-testing question unassisted on the release form and must comply with these Contest Rules & Regulations. The odds of winning will depend on the total number of eligible entries received. The independent contest organization will attempt to contact the winners by telephone. No communication will be entered into except with the selected entrants, potential winners. In the event a selected entrant is disqualified from eligibility, has not correctly answered the mathematical skill-testing question or cannot be contacted by telephone within 5 business days of the draw, the independent contest organization will draw another entrant to be eligible to win a Prize and the Sponsor shall be fully and completely released and discharged from any liability or responsibility to the first selected entrant(s) in this regard. All decisions of the Sponsor and the independent contest organization are final. INSTANT WIN PRIZES: Each day during the Contest Period three winning times will be randomly generated. The first person to enter their Code on or after the winning time will be eligible to win an Instant Win Prize. To be declared a winner, a selected entrant will be required to have correctly answered the mathematical skill-testing question unassisted on the release form (“Release”) and must comply with these Contest Rules & Regulations. The independent contest organization will attempt to contact the winners by telephone. No communication will be entered into except with the selected entrants, potential winners. In the event a selected entrant is disqualified from eligibility, has not correctly answered the mathematical skill-testing question or cannot be contacted by telephone within 5 business days of the draw in the case of a Grand Prize, the independent contest organization will draw another entrant to be eligible to win a Grand Prize and in the case of an Instant Win Prize, the next eligible entrant to enter will qualify and the Sponsor shall be fully and completely released and discharged from any liability or responsibility to the first selected entrant(s) in this regard. All decisions of the Sponsor and the independent contest organization are final.
  • Failure to comply with one of the conditions stated above or any conditions provided in these Contest Rules will result in, the person being disqualified and not being entitled to the prize.
  • Odds of winning an instant win prize depend upon the total number and timing of eligible entries received. Maximum one Instant Win Prize per household.

8. ELEGIBILITY:

  • This Contest is open to all Canadian residents over the age of 18 with the exception of employees, representatives and agents of the Contest Sponsor, its affiliated companies, advertising and promotional agencies as well as all individuals who reside at the same address as the above. Those winners who have not reached the age of majority in their province/territory of residence are required to have a parent or legal guardian sign their release form to accept a prize.

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9. GENERAL CONDITIONS:

By entering the Contest, all entrants agree as follows: (i) that the Sponsor shall have the unlimited right in perpetuity to publish, display, reproduce, modify, edit or otherwise use the Essays in whole or in part on the Website and/or for advertising or promoting the Contest or for any other reason; (ii) to the use of their name, address, voice, statements about the contest and/or photograph or other likeness without further compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet; and (iii) to release and hold harmless the Sponsor and its advertising and promotion agencies, the contest judges and each of their respective agents, employees, directors, successors, and assigns, against any and all claims, injury or damage arising out of or in relating to participation in the Contest, and further against any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

Without limitation, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any failure of the website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies or the contest judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any web site; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.

The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (“Régie”), to withdraw or amend this contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Official Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.

This contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited by law. The decisions of the contest judges with respect to all aspects of this contest are final and binding on all entrants without right of appeal.

By submitting an Essay, the entrant agrees that the Essay complies with all conditions stated in these Rules. The Sponsor and those associated with them will bear no legal liability, expressed or implied, regarding the use of the Essay by the Sponsor and THE SPONSOR SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry name. The sole determinant of the time for the purposes of a valid online entry in this contest will be the contest server machine(s).

The Sponsor, with the consent of the Régie, reserves the right to cancel or suspend this contest in the event of any accident, printing, administrative, or other error or any kind without prior notice or obligation.

For Quebec residents: 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 the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
By entering this contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the contest and in accordance with Sponsor’s Privacy Policy (available at: www.haveyouplayedtoday.ca) unless the entrant otherwise agrees.

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