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Nature’s Path Foods Earth Month Promotion (“Promotion”) Official Rules (“Rules”)
No purchase or payment is necessary to enter or win, and no other financial obligation is involved before or after participation. A purchase or payment will not increase your chances of winning. Void where participating or receiving a prize in this Promotion is or would be prohibited by law. Internet access is required.
Important: Please read these Rules for this Promotion, which are a contract, carefully before taking any steps to participate. Without limitation, this contract includes indemnities to Sponsor (as defined below) from you and a limitation of your rights and remedies. By participating, you agree to be bound by these Rules and represent that you satisfy all of the eligibility requirements.
SPONSOR AND ADMINISTRATOR INFO: The sponsoring entity of the Promotion is Nature’s Path Foods, Inc., 9100 Van Horne Way, Richmond, British Columbia, Canada, V6X 1W3. (“Sponsor”). Cire Communications, Inc. (“Administrator”) is the administrator of this Promotion.
To the extent the Promotion-related communications and these Rules are provided by Sponsor solely in English, Sponsor will have no liability for any issues related to translation of those materials by browsers, apps, or any other mechanism, and the English version of all materials will govern.
OVERVIEW: The Promotion begins at 9:01:00 a.m. Eastern Standard Time (“ET”) on April 1, 2024 and ends at 2:59:59 p.m. ET on May 1, 2024] (“Promotion Period”). After the Promotion Period, the potential winners will be selected in random drawings based on ZIP/postal code of residence provided upon entry as more fully described below and will be subject to verification before being confirmed to receive a prize.
ELIGIBILITY: The Promotion is open only to individuals who: (1) are at least eighteen (18) years of age and the age of majority under applicable law in their jurisdiction of primary residence as of the start of the Promotion Period; (2) are a legal resident of one (1) of the Eligible States/Provinces/Territories listed in Exhibit A, incorporated into these Rules by this reference, from the date of entry through the time of prize fulfillment; and (3) are not the target of any trade sanctions administered or enforced by the U.S., Canada, or United Nations and are not acting on behalf of anyone that is the target of such trade sanctions (each, a “Participant”). You may participate in the Promotion only as an individual and may not enter the Promotion if you are acting within the scope of or working for an organization or entity. Residents of Florida and New York, USA are ONLY eligible to win if their participation occurs within their respective state and is in connection with a retail location in their respective state as indicated on their entry form. Employees, personnel, officers, directors, members, managers, agents, and representatives of Sponsor, Administrator, or their parent or subsidiary companies, affiliates, divisions, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, prize providers, drawing administrators, advertising, public relations, promotional, fulfillment or marketing agencies (collectively the “Released Parties”) and members of their immediate families (defined for these purposes as including any spouse, domestic partner, parents, step-parents, legal guardian, legal ward, children, step-children, grandparent, grandchild, siblings and step-siblings, and each of their respective spouses) and individuals living in the same household as such individuals (whether or not related), are not eligible.
HOW TO ENTER: To enter the Promotion during the Promotion Period, eligible participant must follow the on-screen instructions to complete and submit the entry form at https://naturespath.com/earthmonth (which may be accessed directly through a browser or by following the QR code displayed on Promotion-related materials in select retail locations). By completing all required steps during the Promotion Period in accordance with these Rules and Sponsor’s instructions, an eligible Participant will receive one (1) entry into the drawing for their jurisdiction for this Promotion. For purposes of this Promotion, an entry is received only when Sponsor records completion of the entry steps set forth in these Rules. Entries must be submitted and received by Sponsor during the Promotion Period and in strict accordance with the instructions and restrictions in these Rules and in the entry site.
By participating, you consent to the collection, storage, processing, and transmission of your submitted personal data by Sponsor and its affiliated companies for the purposes of conducting this Promotion, including analyzing any information or content provided by you. The personal data collected is subject to applicable data protection laws and Sponsor’s Privacy Policy, including notice to you and your consent that information that we collect from you may be shared with third parties and may be transferred to and stored at a destination outside of your country, which may have different or less protective privacy laws than those in your country.
By participating, you agree that you have the right to submit the information provided in any and all steps of your participation. You also agree that your participation in the Promotion and agreement to these Rules does and will not violate any agreement to which you are a signatory or party.
LIMITATIONS: One (1) entry per person/email address. Proof of submitting an entry (such as, without limitation, a printed, saved or copied automated receipt confirming submission or a “thanks for entering” screen or message) does not constitute proof of actual receiving of an entry for purposes of this Promotion. Entries/participation may not be acknowledged or returned and Sponsor will own any entry that is provided in connection with Promotion participation. Sponsor’s clock will be the official timekeeper for entry into this Promotion. Those who do not provide the required responses or entry information or abide by these Rules and any other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and the associated entry void. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, unintelligible, faulty, failed, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on a Participant's behalf by any other individual (except as otherwise set out in these Rules), made by any entity or group, or originating at any website or online service other than in accordance with these Rules, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Promotion. As a condition of entering this Promotion, without limiting any other provision in these Rules, each Participant gives consent for Sponsor and its agents to obtain and deliver their name, address, and other information and content to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules.
WINNER SELECTION/NOTIFICATION: The potential winners of the prize detailed in the “Prizes, Odds, & Approximate Retail Value'' section below will be selected in a random drawing by Administrator at approximately 12:00 p.m. ET in Toronto, Ontario, Canada from among all eligible entries received for the applicable Eligible State/Province/Territory (each, a “Location Drawing”), subject to verification, including without limitation but for greater certainty, confirmation of the entrant’s residence within the applicable Eligible State/Province/Territory. The Location Drawings and respective number of prizes is set forth in attached Exhibit A. Each Location Drawing will be held within approximately one (1) week after the end of the Promotion Period. Prizes will be shipped to the address provided by the winner at the time of entry or during the winner verification and prize fulfillment process. Mailing address must be in an eligible jurisdiction and PO Boxes may not be accepted. Prize will be fulfilled within 4-6 weeks following winner verification. If prize will be fulfilled through a different process than set forth in these Rules, such process will be communicated to potential winners by Sponsor. In some jurisdictions, to the extent required by applicable law, a winner’s or potential winner’s first initial, last name, and their state/province/territory and country other general information may be provided or posted on a Sponsor website or elsewhere publicly.
Before being declared an official prize winner, each selected entrant who is a Canadian resident must first correctly answer a mathematical skill-testing question without assistance or mechanical or electronic aid, to be administered in a manner determined by the Sponsor in its sole discretion (Sponsor reserves the right, in its sole discretion, to administer an alternate skill testing question as it deems appropriate based on the circumstances, to address disability issues and/or to comply with applicable law).
All potential winners will be required to complete, execute, and return an affidavit or declaration confirming eligibility, a liability/publicity release (unless prohibited by law), tax documents, and related prize-acceptance documents within the time frame specified and in the form provided by Sponsor’s representative, without revision, or prize may be forfeited. Please check your junk folder if you do not see the email containing your prize details. To the extent required and allowed by applicable law, Sponsor will honor requests that winner or potential winner information not be published or posted online. If any prize, prize notification, or Promotion-related communication is rejected, faulty, or undeliverable; or if winner or potential winner fails to comply with these Rules, including, where applicable, correctly answering the required skill-testing question, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If a prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion of a prize by a winner or potential winner, Sponsor will have no responsibility or liability to that individual. To claim a prize, winner must follow the directions in the prize notification. Failure to comply with Sponsor’s or its representative’s instructions, or these Rules may, in Sponsor’s sole discretion, result in disqualification from this Promotion and forfeiture of any prize potentially won. Decisions of Sponsor are final on all matters relating to this Promotion, including interpretation of these Rules, determining the winners, and awarding of the prizes.
PRIZES, ODDS & APPROXIMATE RETAIL VALUE (“ARV”): Four-hundred forty (440) winners, subject to verification, will each receive a prize, which consists solely of one (1) Lomi Home Composter valued at $550 USD/$750 CAD. Prizes are subject to any applicable terms and conditions set forth by prize issuer and/or manufacturer. Odds of winning depend upon the number of eligible entries received for each respective Eligible State/Province/Territory.
Total ARV of all prizes to be awarded in this Promotion: $242,000 USD/$330,000 CAD. Total ARV for residents of Florida and New York combined: $24,000. Total ARV for residents of New York (27 prizes): $14,850 USD/$20,096 CAD.
Total ARV for residents of Florida (17 prizes) = $9,350 USD/$12,695 CAD.
All prize details not specifically stated in these Rules will be determined by Sponsor in its sole discretion. If any potential winner cannot receive a prize from Sponsor per their employer’s policies, that potential winner will forfeit the prize won and Sponsor will have no further obligation to that winner. All taxes (federal, state, provincial/territorial, if any, and local), as well as any expenses not specified in these Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for, and will not replace any, lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion of any prize) for any reason. Each winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion of any prize with another prize or portion of a prize of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Participants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim or use the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
Prizes may not be transferred (1) to any individual, entity, or country prohibited by any applicable U.S. or non-U.S. export controls and trade sanctions; (2) to anyone on U.S. or Canada government restricted parties lists; or (c) for any purpose prohibited by applicable export controls and trade sanctions, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorizations. You acknowledge and agree that Sponsor has the right to deny distribution of any prize when required by applicable law or regulation.
LIMITATION OF LIABILITY: Nothing in these Rules limits, excludes, or modifies or purports to limit, exclude, or modify any statutory consumer guarantee or any implied condition or warranty, the exclusion of which from these Rules would contravene any statute or cause any part of these rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence and to the maximum extent permitted by any mandatory provisions of applicable law, the Released Parties exclude from these Rules all conditions, warranties, and rules implied by statute, general law, or custom, except for liability in relation to a Non-Excludable Guarantee. Subject to any Non-Excludable Guarantees, each Participant agrees to release, hold harmless, and indemnify (i.e., defend and/or reimburse) the Released Parties from any liability whatsoever for injuries or damages of any kind sustained in connection with the Promotion, including, without limitation, any injury, damage, death, loss, or accident to person or property (however (but only if required by law in your jurisdiction), this release, hold harmless, and indemnification commitment does not apply to cases of bodily injury or loss of life or to the extent that any death or personal injury is caused by the negligence of Sponsor or other third party, where liability to the injured party cannot be excluded by law).
To the fullest extent permitted by applicable law, each Participant understands and agrees that all rights under section 1542 of the Civil Code of California and any similar law of any state or jurisdiction of the United States are expressly waived by them. Section 1542 reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, a Participant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Promotion-related correspondence or materials; any error, omission, interruption, defect or delay in transmission or communication of Promotion-related information; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Rules or a Promotion-related communication, in any Promotion-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach a Participant as a result of any form of active or passive filtering of any kind, or insufficient space in a Participant’s account to receive messages. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Rules, Released Parties are not responsible or liable to any Participant or winner or any person claiming through such Participant or winner for failure to supply the prize or any part of a prize in the event that any of the Promotion activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened or actual terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, action, order or request adopted, taken or made by any federal, state, provincial, territorial or local governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
GENERAL RULES: Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Rules, determination of any winner, and awarding of any prize. All Participants, as a condition of entry in this Promotion, agree to be bound by these Rules and the decisions of Sponsor. Failure to comply with these Rules may result in disqualification from this Promotion. Participants further agree not to damage or cause interruption of this Promotion and/or prevent others from entering and/or participating in this Promotion. Sponsor reserves the right to restrict or void entries or participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any Participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that, or any other, provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Promotion-related materials or communications, and/or these Rules (including any alleged discrepancy or inconsistency within these Rules), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Promotion structure, any Promotion-related materials or communications, or these Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their collective terms as if the invalid or illegal provision were not contained in these Rules. If this Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Promotion and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from them and that person may be prosecuted to the full extent of the law. No Released Party will have any responsibility or liability for any dispute regarding any Participant, including the identity of any individual participating on behalf of a business or organization, the affiliation, employment, membership, and/or agency of individuals of a business or organization, or the distribution of any prize. In the event a dispute regarding an entry or participation (including those regarding the identity or affiliation, employment, membership, and/or agency of an individual or Participant, who submitted an entry, and/or who should receive a prize) cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible and the Participant disqualified. Caution: Any attempt to damage any online service or website or to undermine the legitimate operation of a drawing may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any Participant (or purported Participant) making such attempt and may seek damages to the fullest extent permitted by law.
DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Promotion, each Participant agrees that any and all disputes that cannot be resolved between the Participant and any Released Party, claims and causes of action arising out of or connected with this Promotion, the prizes awarded, or the determination of a winner must be resolved individually, without resort to any form of class action.
This Promotion, these Rules, and any dispute arising under or related to this Promotion and/or Rules (whether for breach of contract, tortious conduct or otherwise) will be governed, construed, and interpreted under the internal laws of the province of British Columbia, Canada, without reference or giving effect to its conflicts of law principles or rules that would cause the application of any other state’s laws and, if that is not possible, then the laws of the state of Delaware, USA. Any legal actions, suits, or proceedings related to this Promotion (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the courts of the Province of British, Columbia, Canada located in the City of Vancouver and each Participant irrevocably accepts, submits, and consents to the exclusive jurisdiction and venue of these courts with respect to any legal actions, suits, or proceedings arising out of or related to this Promotion, and if that is not possible, then such actions, suits or proceedings will be brought in the courts having jurisdiction over and located in Blaine, Washington, USA. Unless prohibited by applicable law, all Participants waive any and all objections to jurisdiction and venue in these courts and hereby submit to the jurisdiction of those courts. If required under applicable law, nothing herein will limit the right of any participant to bring proceedings (including third party proceedings) against Sponsor in a court of competent jurisdiction located within the participant’s jurisdiction (as applicable).
WINNER’S LIST/OFFICIAL RULES: To find out the first initial, last name, and state/province/territory of the winners, send an email within 90 days of the Promotion Period to contests@cireinc.ca with the subject: Nature’s Path Foods Earth Month Promotion Winner List Request. One (1) winner information request per person/email address will be fulfilled. Requests for winner information must be received no later than 90 days following the end of the Promotion Period. For a copy of these Rules, no later than the end of the Promotion Period either print out these pages or send an email to contests@cireinc.ca with the subject: Nature’s Path Foods Earth Month Promotion Official Rules Request. contests@cireinc.ca is Sponsor’s email for the purposes of this Promotion.
THIRD PARTIES: Reference within any Promotion-related materials to any third party in connection with prizes and/or third-party websites, products, or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or this Promotion. Instagram and its owner Meta Platforms, Inc., any distributor or company involved in the supply of the Grand Prize or any component or any phase of Promotion administration, are not responsible for or connected with this promotion in any way.
Exhibit A
List of eligible states/provinces/territories for Location Drawings and number of prizes offered per location drawing:
|
Country |
State/Province/Territory (“Eligible State/Province/Territory”) for Location Drawing |
Number of Prizes Offered for that Location Drawing |
|
Canada |
Alberta |
7 |
|
Canada |
British Columbia |
71 |
|
Canada |
Manitoba |
1 |
|
Canada |
Ontario |
59 |
|
Canada |
Yukon |
1 |
|
U.S.A. |
Arkansas |
2 |
|
U.S.A. |
California |
56 |
|
U.S.A. |
Colorado |
5 |
|
U.S.A. |
Connecticut |
9 |
|
U.S.A. |
Delaware |
1 |
|
U.S.A. |
Florida |
17 |
|
U.S.A. |
Georgia |
5 |
|
U.S.A. |
Iowa |
3 |
|
U.S.A. |
Idaho |
9 |
|
U.S.A. |
Illinois |
12 |
|
U.S.A. |
Indiana |
3 |
|
U.S.A. |
Kansas |
1 |
|
U.S.A. |
Kentucky |
1 |
|
U.S.A. |
Massachusetts |
8 |
|
U.S.A. |
Maryland & District of Colombia |
4 |
|
U.S.A. |
Maine |
6 |
|
U.S.A. |
Michigan |
2 |
|
U.S.A. |
Missouri |
7 |
|
U.S.A. |
Montana |
10 |
|
U.S.A. |
New Hampshire |
2 |
|
U.S.A. |
New Jersey |
14 |
|
U.S.A. |
New Mexico |
3 |
|
U.S.A. |
New York |
27 |
|
U.S.A. |
Ohio |
3 |
|
U.S.A. |
Oregon |
14 |
|
U.S.A. |
Pennsylvania |
19 |
|
U.S.A. |
Rhode Island |
3 |
|
U.S.A. |
Tennessee |
3 |
|
U.S.A. |
Texas |
3 |
|
U.S.A. |
Virginia |
3 |
|
U.S.A. |
Vermont |
2 |
|
U.S.A. |
Washington |
19 |
|
U.S.A. |
Wisconsin |
2 |
