K-Y ROMANTIC GETAWAY
OFFICIAL RULES AND REGULATIONS
The K-Y Romantic Getaway (the “Contest”) is sponsored by RB Health (Canada) Inc. (the “Sponsor”). The Contest begins at 2:00:00 p.m. Eastern Time (“ET”) on October 14, 2019 and ends at 11:59:59 p.m. ET on November 1, 2019 (the “Contest Period”).
Contest is open to legal residents of Canada (excluding the province of Quebec) who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).
2. TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.
There are two (2) ways to enter. You can earn a maximum of one (1) entry (each, an “Entry” and collectively the “Entries”) as follows:
a. Online: Go to www.mykycontest.ca/getaway (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Form”). Fully complete the Form with all required information, which includes a requirement to: (i) opt-in to receive future promotional communications from the Sponsor (Note: You can opt-out at any time without impacting your chances of winning in this Contest); (ii) enter your full name, valid email address and valid telephone number in the space provided; and (iii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Once you have fully completed the Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Form to be eligible to earn one (1) Entry.
b. Mail-In: To obtain one (1) Entry in the Contest without opting-in to receive future promotional communications from the Sponsor, print your first name, last name, telephone number and complete mailing address (including postal code) on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) along with a 25 word or more unique and original essay on the Benefits of High Quality Personal Lubricants to: K-Y Romantic Getaway c/o P.O. Box 31073, RPO Kingsway Village, Oshawa, ON, L1H 8N9 (the “Request”). Upon receipt of a valid Request submitted and received in accordance with these Rules, you will be eligible to receive one (1) Entry in the Contest. To be eligible, the Request you submit must: (i) be received separately in an envelope bearing sufficient Canadian postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the Contest Period and received by 5:00 p.m. ET on November 7, 2019.
3. HOW TO EARN BONUS ENTRIES:
There are three (3) ways to earn Bonus Entries (as further defined below):
Once you have completed your Entry in accordance with Rule 2, you can earn up to a maximum of thirty (30) bonus entries (each, a “Bonus Entry” and collectively the “Bonus Entries”) as follows:
a. Refer-A-Friend: You will be eligible to earn five (5) Bonus Entries – up to a maximum of twenty-five (25) Bonus Entries – for each friend or family member you refer to the Contest during the Contest Period in accordance with these Rules and who is eligible to enter the Contest as set out in Rule 1. To refer a friend or family member, you must enter the name and email address of your friend or family member in the space provided on the Form. You cannot invite the same friend or family member more than one (1) time in this Contest. In addition, the following rules apply to making a referral in this Contest:
o You may only provide information in relation to a friend or family member if you have received permission from that person to provide his/her information to the Sponsor;
o You may only provide information in relation to: (i) a friend with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors; and/or (ii) a family member to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two way communications;
o The information of the referred friend or family member will not be added to any direct marketing list or used in any direct marketing programs without his/her consent;
o You and/or the referred friend or family member may withdraw consent to use your and/or their personal information at any time; and
o If you /or the referred friend or family member have any questions, please contact Sponsor’s privacy officer by sending an email to firstname.lastname@example.org, online at https://www.k-y.ca/en/privacy-policy/ or writing to: Privacy Officer, RB Health (Canada) Inc., 2 Wickman Road, Toronto, ON, M8Z 5M5
b. Social Sharing: You will be eligible to earn a maximum of five (5) Bonus Entries for sharing the Contest on either Facebook or Twitter during the Contest Period. To share the Contest, you must click on the Facebook or Twitter social plug-in on the Website and follow the on-screen prompts to share the Contest.
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter (each, a “Social Platform”). Each Social Platform is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to a Social Platform. You may only use one (1) Facebook Account and/or one (1) Twitter Account to participate in this Contest. Multiple Accounts from the same Social Platform are not permitted.
c. Mail-In: To obtain five (5) Bonus Entries in the Contest without referring or sharing as outlined above, print your first name, last name, telephone number and complete mailing address (including postal code) on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) along with a 25 word or more unique and original essay on the Benefits of High Quality Personal Warming Lubricants and Oils to: K-Y Romantic Getaway c/o P.O. Box 31073, RPO Kingsway Village, Oshawa, ON, L1H 8N9 (the “Bonus Request”). Upon receipt of a valid Bonus Request submitted and received in accordance with these Rules, you will be eligible to receive five (5) Bonus Entries in the Contest per unique and original Bonus Request essay per envelope with sufficient Canadian postage (up to a maximum of thirty (30) Bonus Entries per person). To be eligible, any Bonus Request you submit must: (i) be received separately in an envelope bearing sufficient Canadian postage (i.e. multiple Bonus Requests in the same envelope will be void); and (ii) be post-marked during the Contest Period and received by 5:00 p.m. ET on November 7, 2019.
4. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person (regardless of the method of entry).
There is a limit of thirty (30) Bonus Entries per person (regardless of the method of entry).
To be eligible, your Entry and Bonus Entries (collectively, “Contest Entries”) must be submitted and received in accordance with these Rules. The Contest Parties and each of their respective shareholders, officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for (and have no liability whatsoever in relation to) late, lost, misdirected, delayed, incomplete or incompatible Contest Entries, Requests, Bonus Requests and/or other information (all of which is/are void). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry (regardless of the method of entry); (ii) obtain more than thirty (30) Bonus Entries (regardless of the method of entry); and/or (iii) use multiple names, multiple identities, multiple email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.
All Contest Entries, Requests, Bonus Requests and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Contest Entry, Request, Bonus Request and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.
There is a total of one (1) prize available to be won in the Contest: consisting of: (i) $4,000 CAD in Romantic Getaway dollars (to be provided in the form of a cheque); and (ii) $100 in K-Y Products; Prize package has a total approximate retail value of $4,100.00.
All other costs and expenses not expressly listed as part of the prize, including taxes, if applicable, are the sole responsibility of the winner. Prize must be accepted as awarded and cannot be transferred or substituted. Sponsor reserves the right; in its sole discretion to substitute the Prize for another Prize of equal or greater value should the Prize be unavailable for any reason due to circumstances beyond Sponsor’s control. Prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as the prize. Winner is not entitled to any monetary difference between the actual prize and the stated approximate prize value, if any.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.
One (1) random draw for a potential winner (the “Potential Winner”) of the Prize will be made on or about November 8, 2019 at approximately 2:00 p.m. ET in Richmond Hill, ON from all eligible entries received during Contest Period.
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer without assistance a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion), then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Contest Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). All winners must be confirmed by November 30, 2019.
Prize will be delivered to the winner by the Sponsor within eight (8) to twelve (12) weeks of receipt of the Release Form to the address specified on the Release Form by Sponsor.
By entering the Contest, entrants agree to abide by these Official Rules and the decisions of the independent contest organization with respect to all aspects of the Contest, which are final and binding.
a. The Sponsor accepts no responsibility for loss, damage or claims caused by or resulting from the Contest or the Prize. By accepting the Prize, the Winner agrees: (i) to hold harmless the Released Parties, from all liability, including but not limited to injuries or damages of any sort connected with the receipt, use or misuse or possession of the Prize, or connected in any way whatsoever with the Contest; and (ii) that the Released Parties have not offered any guarantee, express, implied, or collateral in connection with the Prize. Sponsor reserves the right to amend, terminate or suspend all or any portion of this Contest at any time for any reason without prior notice, including the right to cancel or suspend the e-mail portion of this Contest should a virus, bug or other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Contest. In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize will be conducted from among all eligible entries received prior to the time of termination. This Contest is intended to be conducted in Canada only and shall only be construed and evaluated according to Canadian law. This Contest is null and void where prohibited by law or otherwise. These are official Contest Rules. This Contest is subject to all federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Sponsor. The Sponsor accepts no liability for printing errors on materials distributed for this Contest including online. All decisions of the judging organization are final. Prize will be awarded and delivered to the confirmed winner by the handling house.
b. The Sponsor and the independent contest organization will not be responsible for late, lost, delayed, illegible, incomplete or destroyed entries and all such entries are void. The Sponsor and the independent contest organization do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry material/date that have been tampered with or altered are void. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any entrant using any such method will be disqualified. In the event it is determined that an entrant has entered in a fashion not sanctioned by these rules and/or has submitted more than the number of entries permitted by these rules, the entrant and all of his/her entries will be disqualified. A winner’s failure to comply with these Official Rules will result in disqualification, the forfeiture of all interest in the prize, and selection of a substitute winner from among all remaining eligible entries.
c. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
d. All entries become the permanent property of the Sponsor and none will be returned. No correspondence will be entered into except with the Potential Winner or otherwise in accordance with these Official Rules.
e. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
g. To request the name and hometown of the winners (available after November 30, 2019), send a self-addressed, stamped business-size envelope to: K-Y Romantic Getaway Winners List c/o P.O. Box 31073, RPO Kingsway Village, Oshawa, ON, L1H 8N9.
i. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
j. The invalidity or unenforceability of any provision of these Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
k. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.