Jamieson Vitamin C "Chew Chew Choose" Contest 2019 (“Contest”)
Official Contest Rules ("Contest Rules")
NO PURCHASE NECESSARY TO ENTER
Void Where Prohibited By Law
- SPONSOR AND OVERVIEW: This Contest is held in Canada and is sponsored by JAMIESON LABORATORIES LTD. ("Jamieson" or "Sponsor"). The Contest starts on March 1, 2019 at 12:00 AM Eastern Time and closes on October 31, 2019 at 11:59 PM Eastern Time (the "Contest Period"), having two (2) phases: Phase 1 ("Entry Period") starts on March 1, 2019 at 12:00 AM Eastern Time ("Entry Starting Date") and closes on March 31, 2019 at 11:59 PM Eastern Time ("Entry Closing Date"), and; Phase 2 ("Voting Period") starts on September 1, 2019 at 12:00 AM Eastern Time ("Voting Starting Date") and closes on October 31, 2019 at 11:59 PM Eastern Time ("Voting Closing Date").
- ELIGIBILITY: This Contest is open to all natural persons who meet the below requirements and enter in accordance with Paragraph 3 of these Contest Rules ("Entrant(s)"). To enter and be eligible to win a prize, an Entrant:
- Must be a legal resident of Canada, including at the time of award and use of the prize;
- Must have reached the age of majority in his/her province of residence at the time of entry;
- Must not be: (i) a member of the judging panel or an employee, representative or mandatary of Sponsor, or of its parent and affiliated companies, of its subsidiaries, prize suppliers, distributors and advertising or promotional agencies; or (ii) a member of the immediate family of any of the above persons ("immediate family" means spouses, mothers, fathers, sisters, brothers, sons and daughters, step-sons and step-daughters); or (iii) a person domiciled with any of the above persons; and
- Must provide Sponsor with proof of residence, identification, and age upon request.
By entering the Contest, Entrants agree to abide by these Contest Rules and the decisions of Sponsor, which are final.
- HOW TO ENTER. NO PURCHASE NECESSARY: To enter this Contest, visit jamiesonvitamins.com/chews (“Website”) during the Entry Period, complete the online entry form by providing your full legal name, email address, and one (1) flavour idea with a short explanation of a maximum of one hundred (100) words (“Entry”). See Paragraph 4 for judging criteria and guidance on unacceptable flavour ideas. Deadline for entry is the Entry Closing Date. Limit of one (1) Entry per person per day during the Entry Period. Limit of one (1) flavour idea per Entrant will be eligible to be selected among the Finalists and win, regardless of the total number of flavour ideas submitted by that Entrant. Entries submitted become the property of Sponsor.
Same or Substantially Similar Flavour Ideas: Each flavour idea submitted by an Entrant must be substantially different from other flavour ideas submitted by that Entrant. In the event the same or a substantially similar flavour idea is submitted by multiple Entrants, only the first Entry received by Sponsor for that type of flavour will be considered for judging and be eligible to win. If, for any reason, the first Entry received for a given type of flavour is disqualified or otherwise deemed ineligible to be considered for judging and win at any time during the Contest, then Sponsor reserves the right, but is not obligated, to select the second same or substantially similar Entry received by Sponsor for that type of flavour; Sponsor’s computer software and systems are the official time-keeping device for the purpose of determining when Entries are first received and all other purposes in connection with this Contest.
By participating in this Contest and in consideration for your participation:
- You waive all rights (including, but not limited to all intellectual property rights, such as copyright, trade mark, patent, industrial design, moral rights, or implied contractual rights) in and to Entries, flavours and flavour ideas, other creative ideas, suggestions or materials submitted, the Samples (as defined below) and any future products developed, manufactured, or distributed by Sponsor or its affiliates; and
- You further agree not to assert any ownership right or legal right to or control over any of the above (including, but not limited to all intellectual property rights, such as copyright, trade mark, patent, industrial design, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with same including, but not limited to, an acknowledgment or credit.
Without limiting the generality of the foregoing, by participating in the Contest, each Entrant acknowledges and agrees that:
- Sponsor also generates and/or develops a large number of ideas for products, which may be similar or identical to the flavour idea submitted as part of the Entry, and you waive all rights and agree to assert no right in connection thereto; and
- Sponsor is the sole decision-maker regarding Samples, future products, and all related packaging, labelling, marketing and advertising materials and communications.
- JUDGING CRITERIA: Within ten (10) business days of the Entry Closing Date, at 1 Adelaide Street East, Suite 2200, Toronto, Ontario, Canada M5C 2V9, a qualified panel of judges selected by Sponsor in its sole discretion, will judge Entries on the following weighted criteria:
- (20%) Innovation: Would Jamieson Vitamin C Chewable tablets in the proposed flavour be novel, creative, unique?
- (20%) Taste Appeal: Would Jamieson Vitamin C Chewable tablets in the proposed flavour appeal to consumers’ taste?
- (60%) Feasibility: Would Jamieson manufacture and distribute Vitamin C Chewable tablets in the proposed flavour (in sample format) and could Jamieson do so within the timeframe prior to the Voting Period?
Submitted flavour ideas:;
- Must not contain any content that is unlawful or vulgar, distasteful, offensive, or otherwise objectionable, as determined by Sponsor in its sole discretion;
- Must not be the same as or substantially similar to an existing flavour of Jamieson Vitamin C Chewable tablets currently for sale in Canada, which includes: Natural Tangy Orange; Tangy Citrus Fruit; Natural Sweet Grape; Mixed 3 Flavours of Cherry, Orange and Tropical Fruit; Juicy Wild Blueberry; Exotic Tropical Fruit; Tart Morello Cherry;
- Must not contain any reference to any type of alcohol, tobacco, or cannabis (it is acceptable to submit a flavour idea inspired by a non-alcoholic beverage); and
- Must not contain any reference to a third party brand name or trademark, or otherwise infringe any intellectual property rights or other rights of any third party.
- FINALIST PRIZES: There are three (3) Finalist Prizes available to be won, each consisting of a Can$1,000 prepaid credit / gift card. Sponsor will award the Finalist Prizes to three (3) different Entrants who submitted the top three (3) flavour ideas as judged by Sponsor in accordance with Paragraph 4 above (“Finalists” and “Finalist Flavours”).
GRAND PRIZE: There is one (1) Grand Prize available to be won, consisting of a Can$5,000 pre-paid credit / gift card. Sponsor will award the Grand Prize to the Finalist whose Finalist Flavour received the greatest number of Votes during the Voting Period, pursuant to Paragraphs 9-10 below. In the event of a tie, Sponsor will select the winner by random draw between the tied Finalists.
Prizes must be accepted as awarded and no substitutions, transfers, conversions or assignments of a prize will be allowed. Sponsor reserves the right, however, in its sole discretion, to substitute a prize with a similar prize of equal or greater dollar value for any reason whatsoever. Sponsor, in its sole and unfettered discretion, shall determine the authorized prize supplier(s). Prizes are non-refundable, non-negotiable, non-transferable, cannot be redeemed for cash or equivalent dollar value. Prizes will not be replaced if lost or stolen. Sponsor will not be responsible if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent a prize or part of a prize from being fulfilled. In any such event, a winner will not be provided with a substitute prize or cash equivalent.
The odds of being a Finalist depend on the number of eligible Entries received by Sponsor, the timing at which same or substantially similar Entries were received during the Entry Period, and the merit of the flavour ideas submitted with said Entries under Paragraph 4 of these Rules. The odds of winning the Grand Prize depend on the number of admissible Votes received for each Finalist Flavour idea from eligible Voters (as defined herein).
- NO WARRANTY: The Sponsor has neither made, nor is in any manner responsible for, any warranty or guarantee relative to the prizes, including, but not limited to, quality, mechanical condition, or fitness for a particular purpose. The only warranty applicable to any prize is the manufacturer’s or prize supplier’s warranty.
- PRIZE AWARDING: Selected Finalists will be notified by email on April 15, 2019. Sponsor will use the selected Finalist’s email address as it appears on the Entry. No correspondence will be entered into except with selected Finalists. A “Declaration and Release” document, described in Paragraph 13, will be attached to the notification email. Selected Finalists must reply by email by 11:59 PM Eastern Time on April 30, 2019 at the latest and submit their signed Declaration and Release within that time (“Claim Deadline”) as indicated in Sponsor’s notification email. Selected Finalists must also correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone. Once Sponsor verifies all documents and that selected Finalist has fulfilled all requirements pursuant to these Contest Rules, Sponsor will declare said Finalist an official winner who is entitled to receive a prize. Sponsor will deliver prizes to Finalists by mail.
From their offices located at 1 Adelaide Street East, Suite 2200, Toronto, Ontario, Canada M5C 2V9, Sponsor will announce Finalists and Finalist Flavours or around May 10, 2019 on www.jamiesonvitamins.com/chews.
In the event that a selected Entrant: (i) cannot be contacted or be reached; (ii) does not reply by the Claim deadline; (iii) does not submit signed Declaration and Release documents by the Claim Deadline; (iv) does not correctly answer the skill-testing question; (v) refuses the prize as awarded; or (vi) does not comply with these Contest Rules in any way as determined by Sponsor in its sole discretion; the prize will be forfeited and said Entrant will have no recourse towards Sponsor or other Releasees as defined in Paragraph 13, below. Sponsor reserves the right to select another Entrant from among all eligible entries received during the Contest Period, and in accordance with Paragraphs 3-4. If Entrant dies before receiving, participating in, or using a prize, and proof of death is provided by the estate of deceased Entrant to Sponsor, then a payment equal to the dollar value of the prize shall be made to the estate of deceased Entrant. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Entrant.
- FINALIST FLAVOURS: Sponsor may and plans to develop and manufacture the Finalist Flavours as a limited time offering in Canada, in the form of sample packs of Jamieson Vitamin C Chewable tablets (“Samples”) or other format as Sponsor may determine in its unfettered discretion. At the time of publication of these Contest Rules, Sponsor plans to include the Samples with Jamieson Cold and Flu Prepacks for sale at participating retailers and online at jamiesonvitamins.com/chews or www.vitaminesjamieson.com/choisissez. Sponsor does not guarantee the development, manufacture, or distribution of Samples. Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole and unfettered discretion, not to manufacture any Finalist Flavours, to cancel the Voting Period and to award the Grand Prize by means of random draw among the Finalists. The selection of any flavour submission as Finalist Flavour is in no way an undertaking or commitment of Jamieson to manufacture said Flavour in the normal course of business.
- VOTING: During the Voting Period, Voters (defined below) will be able to vote for their favourite Finalist Flavour online at ww.jamiesonvitamins.com/chews (“Vote”). Limit of one (1) Vote per person per day during the Voting Period. Sponsor will not publicize the results of voting during the Voting Period; Sponsor is not obligated to publicize voting results at any time, but reserves the right to publicize voting results in any format and medium at its sole discretion.
- VOTER ELIBILITY AND CONDUCT: Voting is open to all natural persons who meet the below requirements (“Voter(s)”). A Voter:
- Must be a legal resident of Canada at the time of Voting;
- Must have reached the age of majority in his/her province of residence at the time of Voting; and
- Must not be: (i) a Finalist; (ii) a member of the judging panel or an employee, representative or mandatary of Sponsor, or of its parent and affiliated companies, of its subsidiaries, prize suppliers, distributors and advertising or promotional agencies; or (iii) a member of the immediate family of any of the above persons (“immediate family” means spouses, mothers, fathers, sisters, brothers, sons and daughters, step-sons and step-daughters); or (iv) a person domiciled with any of the above persons.
By voting in this Contest, Voters agree to abide by these Contest Rules and the decisions of Sponsor, which are final. Voters agree not to engage in any unfair or unsportsmanlike activity, tampering or cheating, as determined by Sponsor in its sole discretion, that does or could influence voting in favour of or against any of the flavour ideas, Finalist Flavours or Finalists (“Unfair Activity”). Sponsor reserves the right to disqualify any Entrant, Finalist or winner who engages in Unfair Activity at any time during the Contest.
In addition, Sponsor reserves the right to cancel the Vote and/or the results of the Vote for any reason whatsoever, in Sponsor’s sole and unfettered discretion, and award the Grand Prize via random draw among the eligible Finalists.
- DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify at any time, any Entrant, Voter or group of Voters, winner or other person from participating in the Contest and any future Contest or other promotion conducted by Sponsor, for any reason, including, but not limited to, that it finds or believes that person to be violating these Contest Rules or tampering with or abusing any aspect of this Contest or the operation of the Website or any other Sponsor-hosted website, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
If an Entrant is disqualified, he/she forfeits the chance to win both the Finalist Prize and the Grand Prize. Should a winner make any false statement(s) to Sponsor, or is otherwise found to have engaged in conduct contrary to these Rules, said winner may be required to promptly return to Sponsor his/her prize or remit the full value thereof to Sponsor, at Sponsor’s sole discretion.
- TAXES: Liability for any applicable taxes imposed by any federal, provincial/state and/or local government, on any prize won, is the sole responsibility of winner.
- RELEASES: Before being declared official winner(s), selected Entrant(s) will be required to sign a Declaration of Compliance with Contest Rules and Publicity and Liability Release (“Declaration and Release”), thereby confirming compliance with the Contest Rules and acceptance of a prize as awarded, and releasing Sponsor, and its parent and affiliated companies, subsidiaries, advertising or promotional agencies, and each of their respective directors, officers, shareholders, owners, partners, employees, retailers, agents, servants, representatives, successors and assigns (collectively the “Releasees”), from any actions, causes of action, suits, debts, claims, demands and liability whatsoever in connection with this Contest, any prize, the acceptance and/or use of any prize, or arising out of Entrant’s participation in this Contest. The Declaration & Release document will also include an Assignment whereby selected Entrant: (a) irrevocably assigns and grants, on behalf of the Entrant, him- or herself and his/her heirs, executors, administrators, successors and assigns, to Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation, all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Website, product packaging, and any other Sponsor website or social media platform including but not limited to Facebook and Instagram, whether in association with his/her name or otherwise; and (b) waives any and all moral rights that he or she may have in and to the Entry.
- PUBLICITY, USE OF REGISTRATION INFORMATION: By entering the Contest, each Entrant consents to the use of his or her personal information for the purposes of administering the Contest and awarding the prizes. By accepting a prize, a winner consents to the use and publication of his/her name, address (city and province), voice, statement and photograph or other likeness, without further compensation, in any promotion, publicity or advertisement carried out by or on behalf of Sponsor in connection with the Contest, in any manner whatsoever including but not limited to print, broadcast or on the Internet.
- DISCLAIMERS AS TO ENTRIES: Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered, or tampered with in any way. Without limiting the generality of the foregoing, Releasees are not responsible for any such Entries or for lost, late, stolen, misdirected, incomplete, damaged, destroyed or non-delivered submissions and/or Entries or other errors of any kind in connection with this Contest, such as but not limited to any human error or technical or technological error or issue that might prevent the Sponsor from generating or awarding the Entries. The Releasees will not be liable for any prejudice, damages or inconvenience suffered by anyone, namely the Entrants and winners, in connection with their entry in, their exclusion or disqualification from the Contest or in connection with the award or use of the Prizes. Any use of automated devices is prohibited. In the event of a dispute regarding eligibility, the submission of an entry, exclusion or disqualification, all decisions of the Sponsor shall be final.
- FURTHER DISCLAIMERS: Without limiting the scope of any other provision of these Contest Rules, namely that of the release provided in Paragraph 13 (Releases) above, and for greater certainty, Releasees will not be held liable for: a) any incomplete or inaccurate information, whether caused by Entrants or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries; b) the theft, destruction or unauthorized access to, or alteration of, Entries or the Contest equipment; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, including interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries or other information or the failure to capture, or loss of, any such information; d) any failure of any e-mail to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or e) damage to an Entrant’s or other person’s system or device occasioned by participation or downloading of materials in this Contest.
- SECURITY: In the event any portion of this Contest is compromised in any way, by virus, bugs, non-authorized human intervention or any other causes beyond the control of Sponsor, which in Sponsor’s opinion, prevents the Contest from running as planned; or should any error or other event result in more than the stated number of prizes of any category being claimed; then Sponsor reserves the right, in its sole discretion, subject to applicable law (namely to obtaining the approval of the Régie des alcools, des courses et des jeux for the province of Quebec), to amend, cancel, suspend or terminate the Contest at any time. In such event, Sponsor reserves the right to randomly select winner(s) and award any remaining prizes, from all eligible Entries were received during the Contest Period up to the point of early termination, the award of which shall be in accordance with these Contest Rules, but subject to the necessary adaptations due to the circumstances. In no event will more prizes be awarded than as provided in these Contest Rules. In Quebec, any termination will be subject to the approval of the Régie des alcools, des courses et des jeux.
- DATA PROTECTION NOTICE: Entrants’ and winners’ personal information is protected by Sponsor’s Privacy and Cookies Policy which can be found on Sponsor’s Website. Personal information will be used for the purposes of the Contest as specified under Paragraph 10 of these Contest Rules. Other than that, personal information will remain confidential to the Sponsor. Sponsor may however use third parties to process some aspect of personal information for its use, provided that they similarly agree to protect privacy. Any questions can be directed to Sponsor in accordance with the Privacy and Cookies Policy.
- 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 Régie only for the purpose of helping the parties reach a settlement.
- CAUTION: Any attempt by an Entrant or anyone to damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor may refer anyone suspected of doing so to the competent law enforcement authorities and reserves the right to claim damages from any such person to the fullest extent permitted by law.
- CONTEST GENERAL RULES: This Contest is subject to all applicable federal, provincial and municipal laws and/or regulations and every action taken by an Entrant in conjunction with the Contest must comply with these laws and regulations. This Contest is void where prohibited or restricted by law.