OFFICIAL ACTIVIA CHALLENGE CONTEST RULES

The Activia Challenge Contest (the “Contest”) is organized by Activia from Danone Inc. (the “Contest Organizer”). The Contest Organizer is responsible for the Contest, its organization and the Contest Rules (the “Rules”).

The Contest will run from January 11th, 2016 at 10:00:00 a.m. Eastern Sandard Time (EST) and ends on February 21st, 2016 at 11:59:59 p.m. (EST) (the “Contest Period”).  A Pre-registration Period will occur allowing Entrants (as defined below) to pre-register to the Contest as of December 31st, 2015 at 10:00:00 a.m. (EST) and end on January 11th, 2016 at 9:59:59 a.m. (The “Pre-registration Period”).

By registering to the Activia Challenge Contest, each entrant (each entrant is referred to as an "Entrant", together, the “Entrants”) gets a chance to win a Pre-registration Prize and/or a Grand Prize (as such terms are hereinafter defined), in accordance with the conditions set forth below.

By entering the Contest, each Entrant agrees to be bound by the present Rules.

1.            ELIGIBILITY

This Contest is open to all legal residents of Canada having reached the age of majority in their respective province or territory at the time of entry.

Employees, agents, representatives, officers and directors of the Contest Organizer, of its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, sponsors, suppliers of services related to this Contest, or of any other party directly associated with the holding of the Contest, as well as members of their immediate families (brothers, sisters, children, father, mother), their legal or common-law spouse, and any persons residing with these employees, agents, representatives, officers and directors are not eligible to participate.

2.            HOW TO PARTICIPATE

NO PURCHASE IS NECESSARY.

2.1         Registration. To enter the Contest:

  For DanOn members:

  • Click on the “Register now” button;

  • Log in on your DanOn account by clicking on the “Log in with DanOn” button and enter your email, your DanOn password and click on the “Log in” button and you will automatically be registered in the Contest.

For non DanOn members:

  • Click on the “Register now” button;

  • Fill-out the electronic registration form (the “Registration Form”);

  • Once the Registration Form is completed, click on the “Register now” button at the end of the page and you will automatically be registered in the Contest.

For the purposes of these Rules, a valid registration in the Contest is defined as a "Registration ".

To participate to the Contest, “cookies” must be enabled.

2.2         Disqualification. Each Entrant shall respect the following requirements, failing which, the Entrant may be disqualified and his/her Registration may be cancelled:

  • Potential Entrants must create an account using a valid email address.

  • Only one (1) Registration Form per person is permitted.

  • Entrants must use the same email address at all times during the Pre-registration Period and the Contest Period, as applicable.

  • Use of more than one (1) email address will lead to automatic disqualification. Accounts created by the same person will be cancelled and disqualified.

2.3          Presumptions. Any account created will be deemed to have been created by the holder of the email account. Creating an account for this Contest constitutes acceptance of these Rules.

3.            PRIZES

A total of fifty-five (55) prizes (individually, a “Prize”, and collectively, the “Prizes”) will be awarded for the Activia Challenge Contest, being Pre-registration Prizes and Grand Prizes.

The total approximate retail value of all Prizes to be won during this Contest is six thousand three hundred and ninety-eight dollars (CAD$6,398).

3.1          Pre-registration Prizes.

There are a total of fifty (50) Pre-registration Prizes available to be won during this Contest.

Each Pre-registration Prize will consist of the following:

  • Four (4) coupons redeemable for a free Activia yogurt pack, each with an approximate retail value of six dollars and ninety-nine cents (CAD$6.99) (each, a “Pre-registration Prize”, and collectively, the “Pre-registration Prizes”).

The total approximate retail value of all fifty (50) Pre-registration Prizes is one thousand three hundred and ninety-eight dollars (CAD$1,398).

Contest Organizer reserves the right, in the event that a selected Pre-registration Prize cannot be awarded as described for any reason, to substitute another Prize of equal or greater value, without liability.

In the event that not all the Pre-registration Prizes are claimed/designated during the Contest Period, a random draw will be done at the end of the Contest Period among all eligible Registrations received.

In no event will the Contest Organizer be liable for more than fifty (50) Pre-registration Prizes.

3.2          Grand Prizes.

There are a total of five (5) Grand Prizes to be won during the Contest.

Each Grand Prize will consist of one (1) Prize among the following (each, a “Grand Prize”, and collectively, the “Grand Prizes”):

TRIP TO THE DESTINATION OF YOUR CHOICE

A gift certificate from a renown travel agency with a retail value of one thousand dollars (CAD$1,000) allowing you to travel to the destination of your choice.

Departure dates and accommodation are subject to availability and change without notice or compensation. It is the sole responsibility of the Grand Prize winner to obtain all necessary travel documentation including passports and visas, and to comply with any customs and immigration requirements, as applicable. It is recommended that the Grand Prize winner obtain sufficient personal insurance prior to departure. Contest Organizer will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

Without limitation, the Contest Organizer shall not be responsible for weather conditions and/or delays, event cancellations or other factors that cannot be reasonably controlled by it and that may prevent the Grand Prize winner to benefit from such Prize. In any of these events, the Grand Prize winner shall not have the right to a replacement Prize or to the equivalent in cash.

In the event that a selected Grand Prize cannot be awarded as described for any reason, the Contest Organizer reserves the right to substitute another Prize of equal or greater value without liability.

SHOPPING SPREE

One (1) prepaid credit card in an amount of one thousand dollars (CAD$1,000) allowing you to go on a shopping spree.

SPA RELAXATION PACKAGE

One (1) gift certificate from a spa located in Canada of the choice of the winner, in an amount of one thousand dollars (CAD$1,000).

The total approximate retail value of the Grand Prizes is five thousand (CAD$5,000

Contest Organizer reserves the right, in the event that a selected Grand Prize cannot be awarded as described for any reason, to substitute another Prize of equal or greater value, without liability.

In no event will the Contest Organizer be liable for more than five (5) Grand Prizes.

3.3          General.

In addition to any other conditions set forth in the present Rules, the following conditions apply to the Prizes offered:

To be eligible for a Prize, Entrant must be validly registered in the Contest and his/her account must be valid.

Should any part of the Prize not be used, no compensation will be provided to the winner.

All costs, expenses, charges, duties and taxes (federal, provincial, local or otherwise) and fees not expressly described herein as being part of a Prize shall be entirely borne by, and be the sole responsibility of, the winner.

All Prizes must be accepted as awarded and cannot be transferred, substituted or redeemed for cash or for any other Prizes.

All Prize must be claimed on or before November 30th, 2016. Subject to the terms hereof, any unclaimed Prize will not be awarded and the Prize will be considered forfeited.

No transfer, assignment, or substitution is permitted, except by the Contest Organizer, who reserves the right, in its sole discretion, to substitute a Prize for another Prize of equal or greater value, should the Prize be unavailable for any reason due to circumstances beyond its control.

Any Prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as a Prize.

Trademarks, logos, and all service marks (including, without limitation, individual product and retailer names) are the property of their respective owners.

4.            WINNERS SELECTION

4.1          Pre-registration Prizes.

At the end of the Pre-registration Period, fifty (50) Pre-registration Prizes will be randomly drawn by the Contest Organizer among all eligible Registrations received during the Pre-registration Period.

Random draws will be conducted by the Contest Organizer  on January 26th, 2016, starting at 10:00:00 a.m. (EST), at the headquarters of the Contest Organizer located at 100, de Lauzon Street, Boucherville, Québec, Canada, J4B 1E6.

Limit. An Entrant can only win one (1) Pre-registration Prize. Pre-registration Prize winners remain eligible to win a Grand Prize.

4.2          Grand Prizes.

At the end of the Contest Period, a total of five (5) Grand Prizes will be randomly drawn by the Contest Organizer among all eligible Registrations received during the Pre-registration Period and the Contest Period. Subject to the provisions of section 4.3 below, each Yogurt Consumption Entry (as defined below) registered by an Entrant gives such Entrant an extra chance for his/her name to be pulled in the random draw.

Random draws will be conducted by the Contest Organizer on February 22nd, 2016, starting at 10:00:00 a.m. (EST), at the headquarters of the Contest Organizer located at 100, de Lauzon Street, Boucherville, Québec, Canada, J4B 1E6.

Limit. An Entrant can only win one (1) Grand Prize.

4.3          Chances of winning.

Pre-registration Prizes: For each Entrant, the chances of winning a Pre-registration Prize depend on the total number of valid Registrations received during the Pre-registration Period.

Grand Prizes: For each Entrant, the chances of winning a Grand Prize depend on (i) the total number of eligible Registrations received during the Pre-registration Period of the Contest, (ii) the total number of eligible Registrations received during the Contest Period, (iii) the total number of Yogurt Consumption Entries made by the Entrant, (iv) the total number of Yogurt Consumption Entries made by all Entrants.

For the purposes hereof, “Yogurt Consumption Entry” means, with respect to each Entrant, the registration on the Contest website http://activia.ca/challenge of his/her Activia® yogurt consumption on any day during the Contest Period, it being understood that, for each Entrant, only one (1) Yogurt Consumption Entry can be registered per day during the Contest Period, beginning on the Registration date of the Participant, for a maximum consecutive number of days equal to the shortest of the following periods:

  • fourteen (14) consecutive days following the Registration date of the Participant; or

  • the number of consecutive day(s) between the Registration date of the Participant and February 21, 2016.

4.4          Official time. The Contest Organizer’s servers are the official time keeping device for this Contest. The time that a Registration or an entry is received by the Contest Organizer will be considered to be the time at which it is received by the Contest Organizer’s mail server or web server (as applicable), as determined in accordance with the applicable server's clock.

5.            AWARDING OF PRIZES

5.1          Prizes.

The potential winners will be notified by telephone or email by the Contest Organizer within ten (10) days of the day of the draw.

The selected Entrant must answer a mathematical question correctly within a limited time. This question is required by law and will be posed by email or fax or on the declaration of exoneration of liability and compliance (hereafter, the “Declaration”).

The potential winners must confirm their acceptance of the Prize within ten (10) days of being contacted by the Contest Organizer.

If the potential winners cannot be reached or fail to reply within the period provided in the paragraph immediately above, they will be deemed to have forfeited their Prize and another random draw will be done according to the provisions set forth herein.

To be declared a winner, the winning Entrant must complete and sign the Declaration which will be sent to him/her and return an original signed copy of the Declaration to the Contest Organizer within ten (10) days of receipt thereof.

This document includes, without limitation, a confirmation that the winner will abide by the Rules, releases the Contest Organizer, its directors, officers, employees, subsidiaries, affiliated companies, related companies and agents from all liability, except where proscribed by law, and allows the Contest Organizer and its representatives to use the winner’s name, photograph, likeness, statements about the Prize, place of residence and/or voice without any compensation, in any advertising by the Contest Organizer and for any required disclosure without having to obtain the winner’s prior consent.

Within ten (10) days of receipt of the duly completed Declaration, the Contest Organizer will contact the winner to inform him/her of how the Prize will be delivered.

5.2          No Assignment nor Replacement. The Prize must be accepted in accordance with the conditions set out in the Rules and may not be sold, transferred to a third party, assigned, replaced by another Prize or exchanged for money wholly or partly. The winner shall not be entitled to any replacement Prize or cash replacement.

5.3          Disqualification. Any inaccurate or false declaration or fraud will lead to automatic disqualification of the winner and loss of rights to the Prize.  If the winner fails to abide by any of the conditions set out above or any other condition provided in the Rules, or if fails to provide proof of identity or refuses to provide the requested documents, he/she will automatically be disqualified and will lose his/her rights to the Prize.

6.            GENERAL CONDITIONS

6.1         Verifications. Registration Forms, other documents requested by the Contest Organizer and all information contained therein are subject to verification by the Contest Organizer. Any Registration Form or any other document requested by the Contest Organizer that is illegible, incomplete, fraudulent, copied or received late, bearing an invalid email address or phone number, not bearing the correct answer to the mathematical skill-testing question or otherwise noncompliant shall be rejected and will not entitle to an entry or to a Prize, as the case may be. Entrants are responsible for the correct and full completion of their Registration Form and/or any other document requested by the Contest Organizer in order to be reached in conformity with this Contest Rules if they are selected for a Prize.

If you are a potential Prize winner, you are not a winner until the verification process is complete, and it is determined that you have complied with all terms of these Rules.

6.2          Conduct of the Contest. Any attempt to deliberately damage the Contest website or any related website or to sabotage the legitimate conduct of this Contest constitutes a violation of civil and criminal laws. Should there be any such attempts, the Contest Organizer reserves the right to reject the Entrant’s Registration or entry and obtain legal or equitable relief under applicable laws.

6.3          Decisions of the Contest Organizer. Any decision of the Contest Organizer regarding any aspect of this Contest, including, without being limited to, the eligibility and/or disqualification of Registration Forms, shall be final and without appeal, subject to any decision of the Régie des alcools, des courses et des jeux du Québec.

6.4          Disqualification. Any person entering or attempting to enter the Contest by means that are contrary to the Rules or unfair to other Entrants will automatically be disqualified and may be referred to the competent legal authorities.

6.5          Acceptance of Prize. Prizes must be accepted as described in this Contest Rules and may not, in any case, be in whole or in part transferred to another person, replaced by another Prize or exchanged for cash, except as provided herein.

6.6          Prizes substitution.  In the event where it would be impossible, difficult and/or more costly for the Contest Organizer to award a Prize (or part of Prize) as described in these Contest Rules, the Contest Organizer reserves the right to award a Prize (or part of Prize) of the same kind and of equivalent value or, at this sole discretion, the cash value of a Prize (or part of Prize) as indicated in the Contest Rules.

6.7         Limitation of liability – use of Prize. The winner releases the Contest Organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors (“Released Parties”) from any liability for damage of any kind whatsoever that he/she or his/her guests may suffer, directly or indirectly, by reason of acceptance, possession or use of the Prize, including, among other things, accidents, injuries, death, loss of enjoyment, inconveniences, disappointments, worries or frustrations or a physical or psychological nature.

For this purpose, winner hereby (i) acknowledges and confirms that Released Parties are not granting any warranties or assurances of any kind pertaining to the Prizes awarded in connection with the Contest; (ii) acknowledges and confirms the absence of any implied warranties in connection with the Contest or the Prizes, and (iii) agrees to sign the Declaration form before receiving his/her Prize.

Any and all costs and expenses incurred by a winner to claim, use or redeem his/her Prize shall be entirely borne by the winner.

6.8          Liability limit: participation in the Contest. Each person who enters or attempts to enter this Contest releases the Released Parties from any liability for any damages, claim or prejudice that may occur due to their participation or attempted participation in the Contest.

The Released Parties accept no liability for the malfunction of any computer component, software or communication line in connection with the loss or absence of network communication or with any defective, incomplete, incomprehensible or deleted transmission from any computer or network that may limit any person’s opportunity to enter the Contest or prevent him from entering the Contest.

The Released Parties accept no responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any Internet page or software and by the transmission of any information in connection with entry in the Contest.

The Contest Organizer is released from its obligations hereunder in the event of a force majeure, or if an event is delayed or postponed for any reason outside its control, including, without being limited to, natural disasters, public enemies, war, civil conflict, fire, flooding, labour disputes or strikes or any other act or order of a governmental authority.

6.9          Liability limit. Released Parties shall not be responsible for lost, late, stolen, damaged, garbled, inaccurate, incomplete, misaddressed, mutilated, undelivered, delayed, or misdirected emails, points, codes, requests and/or Prize claims, or for errors, omissions, interruptions, deletions, defects, or delay in cable, satellite, internet service provider, telephone lines, or in operations or transmission of information, in each case whether arising by the way of technical or other failures or malfunctions of computer hardware, software, communication devices, or transmissions lines, or data corruptions, theft, tampering, destruction, unauthorized access to or alternation of any participation materials, loss, human error, or otherwise.

Further, Released Parties are not responsible for electronic communications, which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an Entrant’s email account to receive email messages.

Released Parties are not responsible for incorrect or inaccurate entry information whether caused by an Entrant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the transmission, receipt, or processing of codes.

Released Parties are not responsible for any other errors or problems of any kind, whether computer, network, printing, seeding, typographical, mechanical, technical, human or otherwise, relating to or in connection with this Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the announcement of the rewards/reward recipients, or the Prizes/Prize winners, the processing of points, codes, requests, the tabulation of points, or in any Contest-related materials.

6.10        Liability limit: Prize providers. Each winner recognizes that, from the time that he/she accepts a Prize, the performance of obligations related to such Prize becomes the sole and complete responsibility of the designated service providers with respect to portions not delivered by the Contest Organizer, if applicable.

6.11      Modification. The Contest Organizer reserves the right, at its sole discretion, subject to compliance with applicable legal and regulatory requirements, to cancel, terminate, modify or suspend all or any part of this Contest in the event of a virus infection, a computer malfunction, an incident or any human intervention that could corrupt or affect the administration, security, impartiality or running of the Contest as provided for in the Rules.

6.12      Number of Prizes awarded. In all cases, the Contest Organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors, and their suppliers of products, materials and services related to this Contest, and their employees, agents and representatives cannot be required to award more Prizes than the number indicated in the Rules or to award Prizes other than in accordance with the Rules.

If computer, printing, production, mechanical, seeding, typographical, or other errors result in more valid Prize claims for any Prize level than the number stated herein, the Contest Organizer reserves the right to award the stated number of Prizes for the Prize level at issue in a random draw from among all eligible, non-suspect, and valid Prize claims received for the applicable Prize level.

6.13        Authorizations. By entering the Contest, Entrants agree to have their submitted name displayed on the Contest Organizer’s website, blog and Facebook page and used by the Contest Organizer for any purpose regarding the Contest and for promotional and advertising purposes in connection with the Contest Organizer and its products and activities at any time, without any fee, remuneration or other form of compensation.

Each winner authorizes the Contest Organizer and its representatives to use, if required, his/her name, photo, likeness, statements regarding the Prize(s), place of residence and/or voice for advertising purposes in connection with the Contest, without any fee, remuneration or other form of compensation.

6.14      Ownership of Registration Forms. Registration Forms are the exclusive property of the Contest Organizer and will at no time be returned to Entrants.

6.15        Intellectual Property. The Contest Organizer is the sole owner of the Contest materials and promotional products as well as intellectual property rights thereto, and nothing in these Rules shall be construed so as to confer any right whatsoever to Entrants in this regard.

6.16        Communication with Entrants. Subject to the provisions of the Rules, there will be no communication or correspondence with Entrants, except with a winner of a Prize.

6.17        Entrant’s identity. For the purposes of the Rules, the Entrant is the person whose name appears on the Registration Form and, subject to the terms hereof, the Prize will be awarded to this person should he/she be declared winner.

6.18        Litigation. Any litigation respecting the conduct or organisation of the Contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie for the purpose of helping the parties reach a settlement.

6.19        Competent legal tribunal. Subject to the provisions of the preceding paragraph regarding matters that fall under the jurisdiction of the Régie des alcools, des courses et des jeux, as a prior condition of Registration in this Contest, every Entrant agrees that disputes that cannot be settled between the parties, and all causes for action arising out of or connected with this Contest, must be settled case by case, without recourse to any form of class action, and exclusively before a competent court in Montreal, Quebec which court must apply the laws in force in the province of Quebec.

6.20        Unenforceability. If any paragraph of the Rules is declared or ruled to be illegal, unenforceable or void by a competent Court, then the paragraph in question shall be deemed void, but all other paragraphs not affected will be applied within the limitations of the law.

6.21        Gender. The masculine gender is used in these Rules solely for succinctness; it refers to both men and women.

6.22        Language. In the event of a discrepancy between the French and English versions of the Rules, the French version shall take precedence.

6.23        Acceptance. By participating in the Contest, Entrants agree to be bound by the Contest Rules and by the decisions of the Contest Organizer, which will be final and won’t be subject to appeal in any respect, including without limitation, any decisions concerning eligibility, disqualification of Registration Forms, or Prize attribution. 

6.24        Personal information in connection with the Contest. Entrants’ personal information will be stored in the Contest database and the Contest Organizer will use it to contact Entrants for the purposes of the Contest.

No other use will be made of Entrants’ personal information, with the exception of Entrants who explicitly indicated when completing the Registration Form that they wish to receive more information about the Contest Organizer, its products and/or activities.

6.25        Contest Rules and names of winners. A copy of the Rules and the names of the winners may be obtained upon written request to:

DANONE Inc.

100, de Lauzon Street

Boucherville, Québec

J4B 1E6

6.26       Governing Law. The Contest and these Rules shall be governed by the laws of Canada and the Province or Territory concerned.

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