Baci® Perugina® “Win a Wish, Give a Wish” Instant Win Contest Official Contest Rules (the “Rules”)
The Contest is only open to legal residents of Canada, who have reached the age of majority according to the law of the Province in which they reside, except employees of Nestlè Italiana S.p.A., its affiliated companies, its advertising and promotional agencies, Aurora Importing and Distributing Ltd., Brand Marketing & Communications Group Inc., and all persons residing in their respective households. Unclaimed prizes will not be awarded.
2. The Win a Wish, Give a Wish (the “Contest”) commences on November 1st, 2018 and ends on June 4th, 2019 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on June 4th, 2019 (until all have been distributed prior to the time period specified above (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
3. One (1) official “PIN” will be printed inside specially labelled Baci 171g sleeves. Distributed across Canada while supplies last. All times are in Eastern Standard Time (“ET”).
How to Enter
4. This Contest, an online instant win Contest, is brought to you by Nestlè Italiana S.p.A. (the “Sponsor”) and Aurora Importing and Distributing Ltd., Brand Marketing & Communications Group Inc. (the “Contest Administrator”) (collectively the “Releasees”)
5. To enter, find the official PIN (also referred to as “Entry”) inside specially labelled Baci Perugina 171g Dark and Baci Perugina 171g Milk Chocolate, highlighting the contest and go to BaciWinaWishGiveaWish.ca (the “Website”) to enter.
NO PURCHASE OPTION: Purchase of any Products is not required to enter the Contest. To obtain an entry into the Contest, write a 50-word essay on “How you enjoy your Baci® Chocolates” and mail (with a self-addressed stamped envelope) prior to May 3rd, 2019 to: Baci Win a Wish, Give a Wish Contest, 70 East Beaver Creek Rd., Suite 30, Richmond Hill, ON, L4B 3B2 Entries received after this May 3rd, 2019 will not constitute a valid Entry. Limit 1 request per household.
6. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free e-mail accounts.
7. To receive one (1) Entry into the Contest, conduct the following:
(a) Once you have an official PIN, visit the Website and complete the mandatory fields as stated on the Website.
(b) Register to play by following the online instructions and entering the valid PIN found inside the official Baci contest sleeve (or received by mail). One (1) chance to win per PIN play. Mandatory fields must be completed to validate your contest Entry before clicking the "Submit" button.
(c) Upon entering you will be informed whether you have potentially (pending prize code verification and skill testing question) won a prize (the “Prize”). If your Entry does not entitle you to either of these options, you will receive a notice: “Sorry you did not win an instant win Prize. Thanks for playing.”
(d) If you have potentially won any of the following prizes a message will appear: “Congratulations. You have been selected to win” and will state which of the prizes you have been selected to win. Due to possible program or computer errors you are not automatically a winner until the prize code number and the Baci PIN are verified. Prizes will be awarded based on Prize code and Baci PIN verification as stated above.
(e) After being verified through the Prize code and Baci PIN verification, all winners will be required to answer a skill testing question in accordance with Canadian Law and submit a completed signed liability/release waiver within ten (10) business days from the date indicated or the selected entrant will be disqualified, and the prize forfeited.
8. Prizes must be accepted as awarded and are not available for substitution.
9. If a Potential Prize Winner is found to be disqualified based on these Rules, decides not to accept the Prize, or if the Prize confirmation or Prize is returned as undeliverable, the Prize will be forfeited.
Prizes and Odds of Winning
10.There is a total of three (3) grand Prizes (each, a “Grand Prize”) available to be won. Each Grand Prize consists of a cash prize. The approximate retail value of each Grand Prize is ten thousand Canadian dollars ($10,000 CAD). For each Grand Prize awarded, Nestlè Italiana S.p.A. will match the winning prize dollar amount and donate to a Canadian registered charity of your choice
11.There is a total of fifty (50) secondary Prizes (each, a “Secondary Prize”) available to be won. Each Secondary Prize consists of a cash prize. The approximate retail value of each Secondary Prize is one thousand Canadian dollars ($1,000 CAD). For each Secondary Prize awarded, Nestlè Italiana S.p.A. will match the winning prize dollar amount and donate to a Canadian registered charity of your choice
Limit one prize per winning PIN submitted.
How Prizes are Awarded
12.Grand Prize: One (1) Grand Prize is time based, the odds will depend on the total number and timing of entries received. The overall odds of winning two of the remaining Grand Prizes are 1 in 5,000,000. Two (2) randomly selected numbers will be chosen from the range of 1 through 10,000,000. A randomly assigned number from this range of numbers will be assigned when an Entry is submitted. If that number matches the preselected number for that prize level, the potential winner will be awarded one (1) Grand Prize.
13.Secondary Prize: A Secondary Prize consists of a $1000 (one thousand) cash prize plus a $1000 charitable donation by Nestlè Italiana S.p.A. to a Canadian registered charity of your choosing. Ten (10) Secondary Prizes are time based, the odds will depend on the total number and timing of entries received.
14.The overall odds of winning forty (40) of the remaining Secondary Prizes are 1 in 250,000. Forty (40) randomly selected numbers will be chosen from the range of 1 through 10,000,000. A randomly assigned number from this range of numbers will be assigned when an Entry is submitted. If that number matches the preselected number for that prize level, the consumer wins a Secondary Prize
15.The remaining Winners must correctly answer a skill-testing question and present the original winning Baci Specially Labelled Sleeve with printed PIN if requested. Failure to submit the Sleeve with PIN code upon request may result in disqualification and forfeiture of the Prize.
16. Entry is limited to one (1) per official PIN. The online portion of this contest is purely for entertainment purposes and to enhance the contest experience. Please allow up to 12 weeks for delivery.
17. Nestlé Italiana S.p.A. not responsible for any entries that are lost, late, incomplete, illegible or misdirected.
Additional Rules and Restrictions
18. By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor which shall be final and binding on all entrants in all matters relating to this Contest, subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants’ ineligible for the Prize.
19. Proof of sending (regardless of method) is not proof of receipt by the Sponsor. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
20. The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a Prize, the processing of entries or in the selection or announcement of a Prize or Prize winner.
21. Each entrant must submit an entry and participate in the Contest on his/her own behalf. Any entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address, name or other personal information will be disqualified and ineligible to claim any Prize.
22. Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any Entry that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
23. In the event of a dispute as to any entry, the authorized account holder of the email address included in the Entry for that entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All entries received become the property of the Sponsor and will not be returned or acknowledged.
24. The sole determinant of the time of receipt of an Entry for the purposes of determining the eligibility of that Entry shall be the Sponsor computer or server.
25. By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
a) consents to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet;
b) releases and agrees to defend and indemnify the Releasees, from and against any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any Prize or participation in prize-related activities (including but not limited to activity related thereto);
c) agrees not to make any claim against any of the Releasees, or against any third party that may result in a claim against any of the Releasees, in respect of any matter in any way relating to or arising in connection with the Contest; and
d) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
26. The Releasees shall not be liable to Prize winners or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
27. Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable, to cancel, modify, suspend or terminate the Contest, to change any Contest draw dates and to modify these Rules at any time without notice, for any reason, including, without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
A) fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
B) a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
C) there is any accident or printing, administrative or other error of any kind related to the Contest.
28. In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
29. Subject only to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable, the Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
30. The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant or user of the Website to participate in the Contest or use the Website;
31. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the Entry, the French version of these Rules and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
32. Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
33. If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
34. Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
35. 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 a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
36. A copy of these Rules is available on the Website.