OFFICIAL TERMS & CONDITIONS (the “Conditions”)
a. LUNCHMATE CLUB is an online rewards program (the “Program”) sponsored by Maple Leaf Foods Inc. (“MLF”) in which a Participant, or, if applicable, an eligible School Group Participant (see below), becomes a Member of Lunchmate Club and collects Lunchmate virtual dollars (“Bucks”) to have available to redeem for rewards (each, a “Reward”) offered by MLF under the Program.
b. In these Conditions, the terms “a School” and “School” mean a school, which is recognized as being an authentic elementary, secondary or elementary and secondary school by the educational authority in the Province/Territory which is charged with the responsibility for recognizing educational institutions and authorizing such institutions to engage in providing educational instruction in that Province/Territory. Note that Schools situated in the Province of Quebec are not eligible to participate, directly or indirectly, in the Program and no person may become a School Group Participant for a School Group for a School situated in the Province of Quebec.
c. The Program also permits “group participation” by schools/school classes (each, a “School Group”) acting by and through a representative called a School Group Participant (see definition below), upon and subject to the provisions, limitations and rules of these Conditions which apply to School Groups. School Groups for Schools which are situated in the Province of Quebec are not eligible to participate in the Program.
d. In these Conditions, the term “MLF” includes any representative of MLF where the context of these Conditions so permits or requires.
e. An individual person who wishes to participate in the Program must be a Canadian resident and has reached the age of 13 years or older. If under the age of 13 and is a non-Quebec resident, the user will require the actual consent of his/her parent or legal guardian to register and participate in the Program and to become a Member. If the user is located in Quebec and under 13 years old, the user cannot participate in the Program. A School Group which wishes to participate in the Program must do so through a School Group Participant who meets the qualifying requirements and complies with the other provisions of these Conditions which apply to School Groups and School Group Participants.
f. See paragraph 5 below for eligibility details for a Participant and for a School Group Participant.
g. In these Conditions, an individual person who participates in the Program is called a “Participant” and the individual person who represents an eligible School Group which participates in the Program is called a “School Group Participant”.
h. For (individual and school group) Participants, the Lunchmate Bucks® have a corresponding expiry date to be deposited into Lunchmate Club by. This expiry date is stated on the inner packaging sleeve of all Schneiders® Lunchmate® products. Note: A School Group Participant is not permitted to redeem any Bucks in his/her School Group Member Account (see reference to “Member Account” in Rule 1 below) from June 1, 2013 to August 31, 2013 inclusive and from June 1, 2014 to August 31, 2014 inclusive.
i. MLF may restrict, suspend or otherwise alter any aspect of the Program, and may amend these Conditions, at any time, without notice. At all times during the Term, the then-current version of these Conditions will be available on the website www.lunchmateclub.ca (the “Website”). Participants and School Group Participants are responsible for keeping themselves informed of changes to the Conditions.
j. Upon suspension, restriction, amendment or termination of the Program, MLF will not be liable for any accumulated Bucks and, by participating in the Program, all Participants and School Group Participants release MLF from all claims in respect of any such suspension, restriction, amendment or termination of the Program and in respect of the forfeiture of Bucks, redemptions or otherwise flowing or resulting in any manner whatsoever from any such suspension, restriction, amendment or termination.
The Program’s Specific Conditions
1. GENERAL: Subject to these Conditions, during the Term, Lunchmate Bucks® are found on specially marked packages (each, a “Package”) of Schneiders® Lunchmate®, products. A 16-character code (a “Code”) is included with each Package (either printed on the inside of, or inserted into, the Package). During the Term, a Participant, or if applicable, a School Group Participant, can log onto the Website and then follow the instructions on the Website to register to become a Member of Lunchmate Club. A member can then select a user name and password establishing a Lunchmate Club account into which the Member can ‘deposit’ Lunchmate Bucks® by entering a Code into the PIN code field on the home page. A Member Account keeps an up-to-date record of the number of Bucks which that Member has deposited into his/her Account and an up-to-date record of withdrawals of Bucks made by the Member from his/her Account in accordance with these Conditions. A Member may only enter a Code once and each Code has a specific number of Bucks associated with it. Each Code from a Lunchmate Stacker package, Lunchmate Kit package or Lunchmate + Fruit package is valid for five (5) Bucks. Each Code from a Grab ‘N Snack package is valid for one (1) Buck. If, at MLF’S sole discretion, MLF chooses to include any Bucks on other Packages or on promotional materials, those Codes will be valid for the number of Bucks assigned to those Codes from time to time during the Promotion. The number of Bucks assigned to a Code is subject to change at any time in MLF’s sole discretion and, as is noted below, the Rewards available under the Program are subject to change at any time in MLF’s sole discretion. Please refer to the corresponding marketing materials for details.
Note: In the case of registration by a School Group Participant, the registration activation will be delayed for the time needed by MLF in order to review, verify and, in its sole discretion, approve (or decline) that registration. If a registration is declined, MLF will inform the would-be registrant of that fact in the “My Account” tab once the user has logged into their account on Lunchmate Club.
2. HOW TO REDEEM BUCKS FOR A REWARD: A Member can deposit and accumulate Bucks in his/her Account and, upon and subject to these Conditions, can redeem those Bucks online for one or more Rewards. Browse the Website to see the Rewards currently offered. The Rewards available under the Program and assigned value are subject to change at any time in MLF’s sole discretion. MLF will assign to each Reward, at MLF’s sole discretion, a certain number of Bucks (the “assigned value”) which will be required to redeem the Reward. The assigned value for each Reward is stated on the Website. A Member cannot redeem a Reward unless he/she has accumulated in his/her Account a number of Bucks equal to the then current assigned value for that Reward. To use Bucks to redeem a Reward, a Member should browse the Rewards section on the Website, select the Reward he/she wishes to obtain, and then follow the instructions on the Website to confirm the Reward selected and to submit an order for that Reward.
3. IMPORTANT NOTE: Subject to the provisions of these Conditions, the following limits apply to Reward redemptions: a) in the case of a Member who is a Participant, there is a limit of one (1) merchandise Reward redemption per 24 hours time frame and a limit of three (3) merchandise Reward redemptions per such Member per thirty (30) days, and b) in the case of a Member who is a School Group Participant and represents a School Group in relation to Reward redemption there is a limit of one (1) merchandise Reward redemption per 24 hours time frame and a limit of thirty (30) merchandise Reward redemptions per such Member on behalf of the applicable School Group per thirty (30) days. If a Member who is a participant wishes to redeem Bucks for a Virtual Reward (intangible assets such as digital downloads) there is a limit of one (1) Virtual Reward redemption per 24 hours time frame and a limit of four (4) Virtual Reward redemptions per such Member per thirty (30) days. In the case of a Member who is a School Group Participant and represents a School Group in relation to Virtual Reward redemption there is a limit of one (1) reward redemption per 24 hours time frame and a limit of thirty (30) virtual Reward redemptions per such Member on behalf of the applicable School Group per thirty (30) days. Once a Member has submitted an order for a Reward to MLF, a number of Bucks equal to the assigned value of that Reward will be deducted from the Member’s Account and the Member will receive an on-screen message confirming the transaction. Shipping and handling charges for Rewards are included in the Bucks value of the Rewards. Bucks have no cash value.
4. HOW TO DONATE BUCKS TO THE CHILDREN’S MIRACLE NETWORK® (“THE CHARITY”): If an individual or School Group participant wishes to donate Bucks to the Charity, they can do the following: the user should click on the “Donate your Lunchmate Bucks® to create real miracles and raise funds for local hospitals!” button and then insert the number of Bucks they would like to donate to the Charity. The user will be asked to confirm their donation and then the number of Bucks so indicated will be deducted from their Account. The user will see an on-screen message confirming their new Buck balance and an email will be sent to the user to confirm the donation. Note that upon clicking “Submit”, this transaction is final and cannot be reversed. The Charity intends to use the Bucks it receives as donated by the users to assist children in hospitals. For additional information about the Charity and the hospitals they support, please visit www.childrensmiraclenetwork.ca. Any Bucks a user donates to the Charity will no longer be available for use in the Program by the user.
5. IMPORTANT NOTE: It is essential for Members to retain and keep in a safe place all original Codes by cutting out the “Bucks” from the original Package for verification purposes if required by MLF in its sole discretion. MLF may at any time in its sole discretion request that original Code(s) be sent to it for verification purposes. Any such requests will be made by MLF in writing and sent via Canada Post to the address provided by the Member upon registration in the Program. Participants must bear all costs associated with sending the required Code(s) to the address provided by MLF. Only original Code(s) (i.e. no photocopies or other facsimiles) will be accepted.
6. WHO IS ELIGIBLE TO BECOME A MEMBER:
A. For a person who wishes to participate in the Program as an individual, any Canadian resident who has reached the age of 13 years of age or older, as of the date the resident registers to be a Member in accordance with the provisions of paragraph 1 of these Conditions, is eligible to be a Participant and to become a Member except for i) employees, representatives and agents of MLF, of MLF’s affiliates, franchisees, packaging companies (Beresford Box Company Inc.), of advertising or promotional agencies of the foregoing firms, of Reward suppliers, and of any companies engaged in the development, production, or distribution of materials for the Program, (ii) employees of any reuse or recycling depot; (iii) any members of the immediate families of, or persons residing or domiciled with, any of the foregoing persons; and
B. For a person who wishes to participate in the Program as a School Group Participant (and wishes in so doing to represent a School Group or a School), any person who a) is a Canadian resident and has reached the age of majority [as of the date that person registers to be a Member in accordance with the provisions of paragraph 1 of these Conditions] in the Province/Territory where the School Group exists, and b) subject to these Conditions, is either a teacher or teacher’s assistant of a class (in the case of a School Group which is a class) in a School, other than a School in the Province of Quebec, or is the principal or vice-principal or administrator or administrative assistant or a secretary in, of or for a School (in the case of a School Group which is a School) or a lunch-room supervisor in a School. No School may have more than one School Group Participant representing or purporting to represent the School itself.
IMPORTANT NOTES: a) Schools, School Groups and School Group Participants in the Province of Quebec are not eligible to participate in the Program. b) If the user is located in Quebec and under 13 years old, the user cannot participate in the Program. Any non-Quebec resident who is under the age of 13 will require the actual consent of his/her parent or legal guardian to register and participate in the Program and to become a Member. If the user is between 13 and 16 years old, the user must click a check box acknowledging that they have parental approval to access the site in order to register and participate in the Program as a Member. If MLF discovers that such a person did not obtain his/her parent’s or legal guardian’s actual consent as just described, then any and all Bucks in any Account assigned to that person will be forfeited and void. c) Title to any Reward ordered by a Participant who is a minor in his/her Province of residence will be transferred to that minor’s parent or legal guardian, in trust for the minor. d) No School may have or maintain more than one Account in the name of the School.
7. PROGRAM REGISTRATION LIMITATIONS AND REQUIREMENTS: Subject to the “IMPORTANT NOTE’ which appears below in this Rule 7, a person who is eligible to participate in the Program under the provisions of paragraph 6A or 6B above, whichever is applicable, and who wishes to participate in the Program [whether as a Participant or as School Group Participant], may register in the Program only under one (1) username and password and may only use one (1) email address to participate in the Program. If MLF discovers that a person has attempted or is attempting to register as a Participant more than once, any and all Bucks in any Account assigned to that person will be forfeited and void. In the event of a dispute regarding the identity of a Participant, the registration will be deemed to have been made by the authorized account holder of the Participant’s e-mail address at the time of registration. An authorized account holder is the natural person who is assigned an email address by an Internet access or online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
IMPORTANT NOTE: Provided MLF agrees that the eligibility requirements set out in Rules 6A and 6B are met by a particular person, and provided that such person complies with these Conditions, that particular person may participate in the Program for his/her own account as an individual and as a School Group Participant. By participating or attempting to participate in the Program, all persons acknowledge and agree that MLF has and shall continue to have the exclusive right to decide and determine, in MLF’S sole discretion, all questions and issues involved in interpreting the meaning and application of these Conditions including, without limitation, any question as to whether a particular person is eligible to participate in the Program and whether a school is an authentic School as defined in Rule 6B above and all such persons agree to cooperate fully with and to assist, at their own cost and expense, MLF in arriving at any such decision and determination, which decision and determination those persons acknowledge and agree shall be final and binding upon them.
8. SHIPMENT OF REWARDS: In most cases, allow 6-8 weeks from receipt by MLF of an order for a Reward for shipment by MLF of that Reward via, at MLF’s sole discretion, courier or Canada Post, unless otherwise stated on the Website. All Rewards will be shipped to the postal address submitted by a Member at time of his/her registration and if any information, including address information, which is provided by a Member at the time the Member registers for the Promotion changes, it is the Member’s responsibility to promptly amend his/her registration information accordingly so that MLF will possess current, accurate delivery information. Note that Rewards ordered by a Member in his/her capacity as a School Group Participant, will only be delivered to the address of the School, in or for which he/she is the representative. Rewards will only be delivered to addresses within Canada. MLF, and its representatives and agents, accept no responsibility for any postal, mail or courier delivery which is returned as “undeliverable” with no forwarding address. MLF and its representatives and agents accept no responsibility for a Reward after it has been given into the possession of Canada Post or a courier for shipment.
9. AVAILABILITY OF REWARDS: Each Reward offered in the Program and on the Website, and the assigned value for each Reward, is subject to change by MLF, without notice and at MLF’s sole discretion. A Reward is available only while MLF’s supplies of the Reward last. Only a Member can ‘purchase’ a Reward, and a Reward can only be ‘purchased’ with Bucks (which as stated above have no cash value). In the event MLF’s supplies of a Reward which has been ordered are exhausted, in its sole discretion, MLF reserves the right (but without any obligation to do so) to substitute an item of equal or greater value for the Reward ordered. No exchanges, returns or refunds will be permitted for any Reward.
10. NO CANCELLATION, EXCHANGE OR RETURN OF A REWARD: MLF will not accept, or provide, any cancellation, exchange, refund or return for any Reward once the Reward has been ordered in accordance with these Conditions.
11. CODES, DOLLARS AND ACCOUNTS - GENERAL CONDITIONS AND RESTRICTIONS:
a. Code Usage Limits: Subject to the provisions of these Conditions, Codes have a Buck ‘value’ as described in paragraph 1 above. A Code can only be used once and any attempt to re-submit or re-use the same Code will be void and have no effect.
b. Code Expiry Dates: All codes include an expiry date/year and expire at 11:59:59 PM ET on that date/year and cannot be deposited in an account or otherwise used in the Program after that expiry date. Any code which does not include an expiry date/year is null and void as it expired at 11:59:59 PM ET on June 30, 2010 and cannot be deposited into an Account or otherwise used in the Program after that expiry date.
c. Participant Account: There is a limit of one (1) Account per Participant and there is a limit of one (1) Account per School Group Participant. A Participant, or a School Group Participant, as the case may be, may only enter Codes into one Account. Subject to complying with the provisions of these Conditions, the same person may be a Participant, for his/own account, and a School Group Participant (representing a School Group). If MLF discovers that a Participant, or a School Group Participant, has attempted or is attempting to enter, or has entered, Codes into more than one Account under different e-mail addresses, any and all Bucks in any Account assigned to that Participant will be forfeited and void. Possession of a Code does not constitute proof of entering, or the recording of, a Code into an Account. MLF reserves the right, in its sole discretion and from time to time and without notice, to limit the number of Codes which Participants and School Group Participants can enter into a Account and/or the number or numbers of invalid attempts permitted by a Participant or a School Group Participant to enter one or more Codes in a given 24-hour period, and/or to limit or modify any Code entry limits and/or conditions set out on the Website or in these Conditions, without prior notice to, or the consent of, any Participant(s) or Member(s). If a Member takes steps to delete his/her registration/profile for the Program, any and all Bucks in any Account assigned to that Member will be forfeited and void.
d. No Transfer of Bucks and School Group Exception: Subject to the provisions of this subparagraph d. of Rule 10, no Bucks in an Account assigned to a Participant or School Group Participant may be transferred to or combined with or shared with any other Account in the Program irrespective of the identity of the person in whose name such other Account has been created in accordance with these Conditions. MLF appreciates that the identity of a School Group Participant may change from time to time, e.g. in the case of retirement or transfer, and, as a result, a School Group Participant may wish to transfer the Bucks in his/her Account to another School Group Participant. If a School Group Participant wishes to transfer Bucks in an Account assigned to him/her to another School Group Participant, the transferring School Group Participant first must obtain MLF’s written permission by informing MLF, by regular mail at P.O. Box 55021/C. P. 55021, Montréal (Qc) Canada H3G 2W5, of all of the circumstances applicable to the proposed transfer including, without limitation, the reason for the proposed transfer, the identity of the proposed transferee and any other information MLF may require in order for MLF to consider whether to approve or refuse permission for the proposed transfer. In such a case, in its sole discretion, MLF may permit the proposed transfer or may refuse its permission in that regard.
e. No Sale or Other Dealings of/with Bucks, Codes etc.: No Code, Bucks or Account can be sold, traded, bartered, assigned or, subject to these Conditions, transferred to or shared by a Participant or a Member to or with any other person or auctioned through an online auction site or transferred in any other manner. Any Bucks redeemed for Rewards become null and void and cannot be refunded, transferred or re-used.
12. CODE VERIFICATION: All Codes are subject to verification at the sole discretion of MLF. MLF may use anti-fraud detection devices for Code-verification purposes. A Code will be deemed void if it fails to pass MLF’s anti-fraud detection measures, or if MLF considers, in its sole discretion, the Code to be any of the following: duplicated, photocopied, reproduced, forged, defaced, tampered with, mutilated, cut, torn, erased or blank in whole or in part, illegible in whole or in part, smudged, disassembled or altered from the form in which it was issued, or if it is stolen, transferred, bartered, traded or auctioned (including, but not limited to, an online internet auction site or other site), un-issued, unauthorized, illegitimately obtained, (i.e. through means other than retail purchase or another method expressly authorized and approved by MLF), or if it fails to contain special markings, inks and/or security codes that may be applied by MLF at the time of production, or if it contains an unauthorized message, code or other marking not issued by MLF for use in this Program, or if it is otherwise defective, or if it contains printing or other mechanical errors or is printed or produced in error. No Bucks will be credited for any Code which, in its sole discretion, MLF considers is void for any reason, including without limitation the following: a Code is not verified or recognized as a valid Code issued by MLF in the Program; or a Code is determined to be previously entered and used; or a Code is incorrectly or incompletely entered or submitted. In such a case, MLF shall have no obligation what-so-ever to the holder of any such Code. Notwithstanding the forgoing, MLF may upon request, but at MLF’s sole discretion and without obligation, elect to replace an illegible Code with another randomly selected Code if deemed appropriate by MLF in its sole discretion, while Code supplies last. MLF reserves the right to inspect and examine any allegedly illegible or otherwise allegedly defective or deficient Code prior to issuing a replacement. Any request for a replacement Code may be denied by MLF in the event of non-compliance with these Conditions. MLF may change its policy or set limitations and restrictions on Code replacement at any time and without notice. Except as expressly stated above, MLF shall have no liability or obligation with respect to any void, illegible, defective or deficient Code. Only Codes from Packages issued by MLF are eligible for the Program. No Code can be combined with any codes from any other game or promotion. Any Code collected through a recycling centre is void.
13. LIMITATIONS OF LIABILITY: Neither MLF, nor any representative or agent of MLF, assumes or shall have any responsibility or liability to any Member, Participant, School Group Participant, School, or any other person or organization, for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Program or the Website: telephone system problems, breakdowns or interruptions; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or telephone transmissions to be sent to or received; lost, late, delayed or intercepted email or regular mail transmissions; inaccessibility of the Website or phone system in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines that delays, interrupts or prevents the capture, or entry, or both, or which delays, interrupts or prevents the accurate capture, or entry, or both of Codes into the Program or of Bucks into any Account or the redemption of Rewards; human or non-human intervention into or corruption of the operation of the Program, including without limitation, human or clerical or typographical error or omission, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Program or data related thereto, including, without limitation, tampering of or hacking into the telephone lines or computer connections, or loss, miscount, misdirection, inaccessibility or unavailability of a Account or Bucks or a Code used in connection with the Program. MLF and its representatives and agents are not responsible for any personal injury or property damage or losses of any kind which may be sustained to any Participant’s, Member’s, School Group Participant’s, or any other person’s computer equipment or electronic device resulting from participation or attempted participating in the Program, or use of or download of or attempted use of or download of any information from the Website. Use of the Website is entirely at user’s own risk. MLCF and its representatives shall have no liability whatsoever for printing, production, prizing or distribution errors. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL REWARDS ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MLF and its representatives and agents make no representations or warranties of any kind concerning the appearance, safety or performance of any Reward and Members and Participants and School Group Participants bear all risk of loss or damage to a Reward after MLF delivers possession of the Reward to the post office or other shipping medium for shipment to a Member.
14. CONDITIONS APPLICABLE TO PARTICIPATION: By participating, all Participants, School Group Participants and Members signify their agreement to be bound by these Conditions. MLF and its representatives and agents, at their sole discretion, may cancel, suspend or block any Account set up for any Participant, or School Group Participant, or both, if MLF and its representatives and agents, in their sole judgment and discretion, deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Conditions; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeatedly attempting to enter void Codes in one or more Accounts; or (f) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) engaging in any activity deemed in the sole discretion of MLF to be generally inconsistent with the intended operation of the Program or with the good reputation of the Program or of MLF.
ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO PROSECUTE AND TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
15. RELEASE OF LIABILITY: By participating in the Program, all Participants, School Group Participants, and Members, on behalf of themselves, (and in the case of School Group Participants on behalf of themselves and the applicable School Group and its members and the applicable School and all others who claim or might claim under or in the name of a School Group Participant), their executors, heirs and assigns, agree to release MLF, their affiliates, franchisees, agencies, agents, representatives, Reward suppliers, and each of their respective officers, directors, employees, representatives and agents, (collectively the “Releasees”), from any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons or property which may be sustained in connection with the conduct of the Program, or in connection with the receipt, ownership, use or misuse of one or more Rewards, or from any typographical or other errors in these Conditions, or from any inaccurate or incorrect data contained or captured (or not contained or captured) on the Website or entered (or not entered) in any Account. Under no circumstances will the Releasees be liable for punitive, incidental, indirect, consequential, and special or any other damages.
16. PERSONAL INFORMATION: Unless a Participant, a School Group Participant, or a Member otherwise indicates, the personal information gathered about any Participant, School Group Participant, or Member in the course of this Program will be used by MLF solely for the administration of the Program, and will be used by MLF in connection with any publicity relating to the Program. MLF is not obliged to engage in any correspondence with any person except with a person who has redeemed or attempted to redeem a Reward.
17. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Conditions or the rights and obligations as between one or more Participants, School Group Participants or Members who participate in the Program and MLF in connection with the Program shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. All persons who participate in the Program, MLF, and all other parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Program or arising under or in respect of these Conditions and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
18. GOVERNING LANGUAGE: In the event of any discrepancy or discrepancies as between the English language Conditions and the French language Conditions for this Program, the English language Conditions shall prevail.
OFFICIAL CONTEST RULES (the “Official Rules”)
LUNCHMATE CLUBCONTESTS (each a “Contest” or interchangeably referred to as “Sweepstakes”)
A. IT IS PLANNED THAT, UNTIL FURTHER NOTICE, Maple Leaf Foods Inc. (“MLF”) WILL BE CONDUCTING CONTESTS IN CONNECTION WITH ITS LUNCHMATE CLUB PROGRAM. EACH CONTEST WILL INVOLVE A DRAW FROM ENTRIES RECEIVED DURING THE CONTEST PERIOD [SEE RULE 1 BELOW FOR DEFINITION OF “CONTEST PERIOD”] FOR THAT CONTEST FROM CONTEST-ELIGIBLE MEMBERS [SEE THE “ELIGIBILITY” CONDITIONS IN RULE 4 BELOW].
B. TO BE ABLE TO ENTER A CONTEST, IT IS NECESSARY FOR A CONTEST-ELIGIBLE MEMBER TO HAVE A MINIMUM OF 20 LUNCHMATE BUCKS® AND BE A MEMBER IN THE LUNCHMATE CLUB PROGRAM. MLF reserves the right, in its sole discretion and from time to time and without notice, to change the number of Codes which are required by Participants to enter a contest. NOTE THAT, REGARDLESS WHETHER YOU ENTER A CONTEST USING A CODE YOU OBTAINED BY PURCHASING A PACKAGE, OR BY MAILING IN A REQUEST FOR A CODE, YOU SHOULD KEEP THAT ORIGINAL CODE [BY CUTTING OUT THE CODE FROM YOUR PACKAGE OR, IN THE CASE OF A CODE OBTAINED AS A RESULT OF A MAIL-IN REQUEST, BY RETAINING THE CODE YOU RECEIVED FROM MLF], AS YOU MAY NEED IT TO COMPLETE THE PRIZE VERIFICATION AND REDEMPTION PROCESS.
GENERAL CONTEST PERIOD, PRIZE(S), GENERAL CONTEST INFORMATION AND DEFINITIONS
No Purchase Is Necessary to Enter a Contest
1. The Contest period (the “Contest Period”) for a Contest will begin on the day and time specified in the description of the prize (the “prize”) available to be won in that Contest and will end on the day and time specified in that prize description. Each Contest is sponsored by MLF. All times are governed by the Contest Computer.
2. The description and approximate value of the prize(s) which are offered in a Contest (together with the Contest Period which applies to that Contest) can be found by clicking on the Contests section at www.lunchmateclub.ca.
3. The Conditions of the Program which are set out above contain a number of defined terms. When a term is defined in the Program’s Conditions, and that term is used in these Official Rules, the definition of that term which appears in the Conditions will apply to that term when used in these Official Rules.
A Contest is open to all Members in the Program [see definition and eligibility criteria for becoming a “Member” above in Condition 5 of the Official Terms and Conditions of the Program] except:
a) employees, directors, agents or representatives of MLF or of any of its divisions, subsidiaries, affiliates, franchisees, or promotional agencies, or of any supplier providing any Contest materials or services;
b) any person who is or purports to be an immediate family member (defined as a step-, adoptive or biological mother, father, daughter, son, sister, brother or spouse) of any person described in Rule 4a. and any person with whom such immediate family member resides or is domiciled; and
c) a Member who wishes to enter a Contest as a School Group Participant.
Any person to whom a Contest is open is called a “Contest-eligible Member”.
Note: All entries (each, an “Entry”) into a Contest are subject to verification by the Sponsor in the Sponsor’s sole discretion and every Member who submits an Entry into a Contest agrees to cooperate fully with the Sponsor in any such verification and, if required by the Sponsor in its sole discretion, in any subsequent investigation related to an Entry which may be conducted by the Sponsor.
PRIZE DESCRIPTION, CHANCES OF WINNING AND HOW TO ENTER A CONTEST TO WHICH THESE OFFICIAL RULES APPLY
5. HOW TO ENTER A CONTEST: To enter a Contest, a Contest-eligible Member must have 20 Bucks (see Rule 7 below) to ‘purchase’ an Entry into the Contest. Subject to the provisions and requirements of these Official Rules, if you are a Contest-eligible Member (see Rule 4 above), click on the Contests section of Lunchmate Club. You then will see the Contest(s) which you can enter at that time. Next, click on the “ENTER NOW” (if a logged in user) or “LOGIN TO ENTER” (if a non-logged in user) for the Contest you wish to enter. You will then be presented the cost to enter the contest along with your new Account balance. In addition, you will have the opportunity to update you Shipping Address in the case of winning the contest. If you are satisfied will all the information, hit “ENTER CONTEST” and a confirmation page will appear, whereupon your Entry will be recorded into the applicable Contest.
6. CHANCES OF WINNING: Chances of winning a Prize in a Contest depend on number of Entries received from Contest-eligible Members during the Contest Period which applies to that Contest.
7. HOW TO GET THE BUCKS WHICH ARE REQUIRED TO ENTER A CONTEST: A Contest-eligible Member must have five Bucks to enter a Contest. MLF reserves the right, in its sole discretion and from time to time and without notice, to change the number of Codes which are required by Participants to enter a contest. As is described in the Program Conditions above, it is necessary to obtain a Code in order to be credited with Bucks in the Program. A Contest-eligible Member can obtain such a Code in one of two ways.
a) By Purchasing a Package: see Condition #1 in the Lunchmate Club Conditions above which describes how a Contest-eligible Member can obtain a Code which is valid for Bucks in the Program by purchasing a Package with which a Code appears; or
b) By Mail-In Request for a Code: a Contest-eligible Member can mail, postage-prepaid, an envelope (an “outer envelope” - see detailed requirements below in this paragraph) which bears a return address on its exterior, contains a handwritten request for a Code (a “Mail-in Code Request” - see detailed requirements below in this paragraph) and contains a minimum 4” x 6” self-addressed envelope bearing sufficient return postage to: “Schneiders® Lunchmate® Sweepstakes Code Request”, P.O. Box 55021/C. P. 55021, Montréal (Qc) Canada H3G 2W5, to receive a Code valid for five virtual Lunchmate Bucks®. Note: Each outer envelope must contain only one Mail-in Code Request, must be original, must be legibly printed entirely in ink by hand, must bear a return address on its exterior, must bear sufficient postage, and must contain a self-addressed envelope which is original, is legibly printed entirely in ink by hand, bears sufficient return postage and on which the mailing address is the same as the return address on the outer envelope in which it is enclosed. A Mail-in Code Request must request a Code, must be original, must be legibly printed entirely in ink by hand and must set out the full name, residential street address, daytime and nighttime phone numbers, email address, date of birth, and gender of the Contest-eligible Member who is sending the Mail-in Code Request. No Mail-in Code Request will be fulfilled if all Codes MLF has set aside to satisfy Mail-in Code Requests have been distributed by the date on which the Mail-In Code Request is received by MLF at the above address. Provided a Mail-in Code Request complies with the requirements just described, MLF will mail one Code which is worth five Bucks, while supplies last, using the self-addressed envelope which was enclosed with the applicable Mail-in Code Request. Only one (1) Mail-in Code Request will be honoured per Contest-eligible Member per Contest.
8. THE DRAW: On or about the fifth business day of the calendar month after the end of the Contest Period for a particular Contest (the “Prize Selection Date”), MLF will cause a computerized random selection to be made from all Entries recorded during the previous Contest Period in order to identify the potential prize winner(s) (each, a “Potential Prize Winner”) of the prize(s) which was/were offered in the Contest to which that Contest Period applies. The Contest-eligible Member(s) on whose behalf a Entry selected in that manner was recorded will be the Potential Prize Winner(s) of the applicable prize(s) offered in that Contest. To be declared a Prize Winner, each Potential Prize Winner must be a Contest-eligible Member, must correctly answer without assistance a skill-testing question, and must comply in full with the Rules. The skill-testing question will be contained in a Declaration and Release which will be provided by MLF to each Potential Prize Winner (see Rules 9 and 10 below). Each Potential Prize Winner will be e-mailed a notice (the “notice”) in the manner and time as described in Rule 10 below. Note: if an Entry into a Contest is not selected in respect of the Contest applicable to that Entry, that Entry will be null and void and will not be carried over to be an Entry in any other Contest.
9. THE DECLARATION AND RELEASE - GENERAL: It is a condition of the award to a prize to a Potential Prize Winner that the Potential Prize Winner must properly complete, sign and deliver promptly to MLF or a representative acting on behalf of MLF, in the manner and at the time(s) specified in Rule 10 below, a Declaration and Release (the “Declaration and Release”) which will be supplied by MLF to that Potential Prize Winner. The Declaration and Release will confirm that a Potential Prize Winner is a Contest-eligible Member and that he/she has complied with the Official Rules, will contain a skill-testing question (which the Potential Prize Winner must answer correctly without any mechanical, electronic or other assistance), will release MLF and others from any liability arising from receipt, use and/or misuse of the Prize, and will grant a publicity consent which grants MLCF the right to use the Potential Prize Winner’s name, address (city and province) voice, video, image and/or photographs, without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsors with respect to this Contest in any media whatsoever (including the internet) for perpetuity.
Note: If a prize winner is a minor in his/her Province of residence, the title to any prize to which any such minor prize winner otherwise would be entitled will be awarded to that minor’s parent or legal guardian in trust for the minor, and the minor’s parent or legal guardian must also sign the Declaration and Release where and in the manner indicated thereon.
10. POTENTIAL WINNER NOTICE AND THE DECLARATION AND RELEASE – SPECIFIC PROVISIONS: On or about the Prize Selection Date, MLF or a representative acting on behalf of MLF will e-mail a notice to each Potential Prize Winner in the applicable Contest, at the e-mail address that the Potential Prize Winner provided at the time he/she registered on Lunchmateclub.ca, that he/she is a Potential Prize Winner of a prize. The notice will include the Declaration and Release.
The Potential Prize Winner then must legibly complete and sign, in ink, the Declaration and Release, including filling in his/her correct answer to the skill-testing question in the space provided on the Declaration and Release, and must send to MLF or a representative acting on behalf of MLF (at the e-mail address which appears on the Declaration and Release) the properly completed and signed Declaration and Release, at his/her sole expense and risk, for RECEIPT BY MLF or a representative acting on behalf of MLF no later than the date which appears on the notice.
In the event that a selected entrant incorrectly answers the mathematical skill-testing question, or does not return a completed Form within the indicated time frame, or if any email is returned as undeliverable or the potential Prize winner does not respond to our email notification, he/she will be disqualified without any liability to Sponsors and another entrant will be randomly selected.
11. Each Contest is subject to applicable federal, provincial and municipal laws.
12. In the event of a dispute regarding the identity of a Contest Entrant, the entry will be deemed to have been made by the authorized account holder of the entrant’s email address at the time of registration. An authorized account holder is the natural person who is assigned an email address by an Internet access or online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
13. MLF reserves the right, at its sole discretion, to substitute a prize of like kind/value for the prize(s) being offered in any Contest. No prize is transferable and every prize must be accepted as awarded. All decisions of MLF and its representatives concerning a Contest are final and binding on all Members; and all Contest-eligible Members agree to abide by all MLF instructions and decisions in respect of any Contest. MLF’s decisions/interpretations in any dispute regarding the Rules are final and binding on all Members.
14. The Conditions of the Program which appear above in paragraphs 12 (“Code Verification”), 13 (“Limitations of Liability”), 14 (“Conditions Applicable to Participation”), 15 (“Release of Liability”), 16 (“Personal Information”), 17 (“Governing Law”) and 18 (“Governing Language”) of the Conditions of the Program are hereby incorporated [with such wording changes being implied in them as may be necessary for them to apply to the context and subject-matter of these Rules] into and apply to these Official Rules and to all Contests which MLF conducts in connection with its Lunchmate Club Program.
15. Any Contest-eligible Member who enters a Contest consents to the collection, use and disclosure of his/her personal information by MLF, and its representatives, for the purposes of Contest administration, regulatory compliance and marketing analysis. Personal information will not be transmitted to third parties other than to achieve these stated purposes.
16. Subject to any governmental approval which may be required, MLF reserves the right, without prior notice and at any time, to terminate any Contest, in whole or in part, or modify, amend, extend or suspend any Contest or the Official Rules applicable to any Contest in any way MLF chooses, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event MLF is prevented from continuing with any Contest as contemplated herein by any event beyond its control, or by any federal, Provincial or local government law, order, or regulation, or by order of any court or jurisdiction, then MLF shall have the right to modify, extend, suspend, or terminate the Contest.
17. FOR RESIDENTS OF QUEBEC IN CONTESTS TO WHICH QUEBEC LEGISLATION IS APPLICABLE: 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 a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
©Copyright Maple Leaf Foods Inc. 2012. All Rights Reserved