NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
The "MSPREBIOTIC 2019 Survey Contest" (the "Contest") is sponsored by MSPrebiotics Inc ("Sponsor") and the address at which the Sponsor may be contacted is MSPrebiotics Inc Box 838 - 12 Fredrick Street, Carberry, Manitoba, R0K OHO.
The MSPrebiotic 2019 Survey Contest (the "Contest") is only open to entrants who, as of the date of entry, are: legal residents of Canada (excluding residents of the Province of Quebec) and the fifty (50) United States (excluding Rhode Island, New York and Florida) or the District of Columbia, eighteen (18) years of age or older and who have reached the age of majority in the province or state in which they reside. Entrants must also have internet access in order to enter. This Contest is void outside of eligible territories (including in Rhode Island, New York, Florida, Quebec). Employees of MSPrebiotics Inc and any of their respective affiliates, sponsors, advertising and promotion agencies and members of the immediate family (parent, child, sibling and spouses) and of the household in which all such persons are domiciled are not eligible to enter. The Contest is subject to all applicable federal, state, provincial and local laws and regulations.
The entry periods for the Contest shall take place as follows: (1) June 4th, 2019 from 9:00:00 a.m. Eastern Standard Time ("EST") through 11:59:59 p.m. EST on July 5th, 2019. (the "Entry Period"). Entries received other than during the Entry Period, and duplicate entries, will be determined ineligible and will be discarded.
4. HOW TO ENTER There are two (2) ways to enter the Contest, both of which are online. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
a) TO ENTER VIA SURVEY EMAIL: If you receive, complete and submit an online MSPrebiotics Inc Survey ("Survey") during the Entry Period, you will be entered in the Contest provided that you must complete the part of the Survey providing your contact information.
b) TO ENTER AT MSPREBIOTIC WEBSITE: During the Entry Period, visit Sponsor's Contest webpage located at https://www.MSPrebiotic.ca or https://www.MSPrebiotic.com and complete the online entry form and submit it in accordance with the on-screen instructions.
c) FOR ALL ENTRIES: There is a limit of one (1) entry per person and per email address during the Entry Period. All entries must be received during the Entry Period. Any person found entering the Contest using more than one e-mail address will be disqualified. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Wireless carrier's data rates may apply if an entrant enters the Contest using a mobile device. In the event of a dispute as to the identity of any entrant, the authorized account holder of the e-mail address associated with the entry will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the exclusive property of MSPrebiotics Inc and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt of entry by MSPrebiotics Inc. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, agent and other claims of/information provided by a potential prize winner. Entrants will cooperate with MSPrebiotics Inc and its representatives in connection with any and all verification activities. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Rules (defined below) may be disqualified by MSPrebiotics Inc. MSPrebiotics Inc takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors. MSPrebiotics Inc is not responsible for any errors or omissions in printing or advertising the Contest.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS
The Contest will be run in accordance with these Official Rules, subject to amendment by MSPrebiotics Inc (the "Official Rules"). Entrants must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counter-offer, except as set out herein. MSPrebiotics decisions with respect to the Contest (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of the Prize) are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
6. PRIZE DRAWING; ODDS; AWARDING OF PRIZE; PRIZE REDEMPTION
On or around July 15, 2019 MSPrebiotics will randomly select one (1) entrant from all qualified entries received by MSPrebiotics during the Entry Period. The odds of winning the Prize depend on the number of eligible entries received during the Entry Period. The potential winner selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements set forth herein. The potential winner will be notified by phone and/or email. Potential winner will be required to execute and return to MSPrebiotics Inc a Declaration of Eligibility, a Release of Liability, answer a skill testing question, and, except where prohibited by law, a Publicity Release (a "Declaration and Release") in the form(s) provided by MSPrebiotics Inc in order to claim his/her prize. The Declaration and Release must be returned to MSPrebiotics Inc by the date and/or time indicated within the Declaration and Release. If the potential winner is a resident of Canada, he/she will also first be required to correctly answer, without assistance of any kind whatsoever mechanical or otherwise, a mathematical skill-testing question in no more than five (5) minutes, the test to be administered by telephone, in order to be eligible to win the prize. If a potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, of if a potential winner who is a Canadian resident fails to correctly answer the skill testing question in the manner prescribed, or if the potential winner fails to return the Declaration and Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible by MSPrebiotics Inc in its sole discretion, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by MSPrebiotics Inc in his/her place at random from among all eligible non-winning entries received by MSPrebiotics Inc for the Contest. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to MSPrebiotics Inc as described above; provided, however, MSPrebiotics Inc may alter the above timing to meet its Contest schedule.
7. PRIZES/PRIZE REDEMPTION
Subject to the terms and conditions of these Official Rules, one (1) prize will be awarded in this Contest. The Prize in this contest consists of one (1) SharkNinja BL660C Professional Blender (approximate retail value of $120.00) and three (3) pouches of MSPrebiotic® Prebiotic Supplement (approximate retail value of $115.00). Prize must be redeemed by July 15th, 2019. Prize is non transferable, non-assignable, nonnegotiable, and not redeemable for cash or credit, except as otherwise provided in these Official Rules. Prize must be accepted as awarded. To the fullest extent permitted by applicable law, Prize is awarded "AS IS" with no warranty, condition, representation, or guarantee, express or implied, in fact or in law, made by MSPrebiotics Inc or for which MSPrebiotics shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISK OF USING THE PRIZE INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH. No Prize substitutions, except by MSPrebiotics, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of comparable or greater value (including cash) if the Prize (or a component thereof) is not available for any reason as determined by MSPrebiotics Inc in its sole discretion. Unused components of the Prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize award, redemption, receipt and use not specified in the Prize description above, including, without limitation, all international, federal, provincial, state and local taxes on the Prize. Winners waive the right to assert as a cost of winning a prize and any and all costs to redeem the Prize. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of Prize, in which case, no consideration will be awarded.
Except where prohibited by law, acceptance of a prize constitutes a winner's consent to MSPrebitoics Inc (and its designees', successors' and assigns') use of a winner's name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state/province and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
By entering the Contest, each entrant forever and irrevocably releases and holds harmless MSPrebiotics Inc, and their respective subsidiaries and affiliates, and each of their respective directors, officers, employees, representatives, shareholders, successors-in-interest, and agents (collectively, the "Released Parties") from any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). Entrant also agrees to fully indemnify MSPrebiotics and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, successors-in-interest, related companies, suppliers, sponsors and agents from any and all claims by third parties relating to the Contest.
10. LIMITATIONS OF LIABILITY
MSPrebiotic Inc and their agents are not responsible for: (a)technical failures of any kind, including but not limited to the malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail entry to be received by MSPrebiotics on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant's or any other person's computer, related to or resulting from playing or downloading materials in this promotion including the recording of game results; (b) any incomplete or inaccurate information, whether caused by the website users or by any equipment of programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; (c) the theft, destruction or unauthorized access to, or alteration of, entries or the website; or (d) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use of any prize, or from viewing, playing or downloading any material from MSPrebiotics Inc website(s), regardless of whether the material was prepared by MSPrebiotics Inc or a third party, and regardless of whether the material is connected to MSPrebiotics Inc websites by a hypertext link. MSPrebiotics Inc reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus or bug or other cause beyond the reasonable control of MSPrebiotics Inc or their agents corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, MSPrebiotics Inc reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. MSPrebiotics Inc reserves the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process.
Entrant agrees that, except to the extent prohibited by law: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in the Province of Manitoba; entrant submits to sole and exclusive personal jurisdiction to said courts in the Province of Manitoba for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of pocket costs incurred in connection with entering this Contest but in no event legal or attorneys' fees; and (c) 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 costs, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or MSPrebiotics Inc in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Province of Manitoba and the Federals laws of Canada, without giving effect to any choice of law or conflict of law rules or provisions, which would cause the application of the laws of any jurisdiction other than the Province of Manitoba.
12. PRIVACY/DATA COLLECTION
By entering the Contest, entrants consent to the collection, use and disclosure of their personal information solely for the purposes of administering the Contest. Entrants provide personal information on the entry form when they enter this Contest. MSPrebiotics Inc collects this information and uses it to (a) administer this Contest and (b) for market research and other marketing purposes. When you enter the Contest, you will be given an opportunity to consent to receive marketing and promotional communications from MSPrebiotics Inc and/or its affiliates. Consenting to receive such emails and information is optional, and is not necessary to enter or win this Contest, nor will it increase or improve your chances of winning.
13. OFFICIAL RULES
These Official Rules are available at https://www.MSPrebiotic.ca or https://www.MSPrebiotic.com and by sending a self-addressed postage-stamped envelope to MSPrebiotics Inc Attention: Marketing, Box 838, 12 Fredrick Street, Carberry, Manitoba, ROK OHO