2 participations are subject to review, and will be declared null and void if they fail to comply with the provisions of these rules. 4. QUALIFICATION By participating in the contest, each participant represents and warrants that their participation complies with the rules and conditions of the contest. Any participation that fails to comply with the rules of the contest shall be disqualified and shall not be considered. 5. PRIZES GRAND PRIZES 5.1 Description. There are a total of three (3) grand prizes to win. Each grand prize consists of one (1) trip for two (2) to a sun destination, for an approximate value of $5,500. SECONDARY PRIZES 5.3 Description. There are a total of one hundred ten (110) secondary prizes to win. The secondary prizes consists of twenty (20) Total cap, twenty (20) free oil change, twenty (20) free- carwash cards and fifty (50) 25$ gift cards. 5.4 Conditions. The following conditions apply to each secondary prize: o o the use of the cards is subject to the approval of the establishments concerned to use the cards in their facilities; the cards are subject to any other applicable restriction and condition indicated therein or that may be provided by the card issuer. 6. PRIZE TERMS AND CONDITIONS Without limiting the generality of the foregoing, the following terms and conditions apply to each prize: (I) Prizes must be accepted as is and cannot be transferred, substituted or exchanged, subject to the following; (ii) the Sponsor reserves the right to substitute the prize or as the case may be, a component of the prize at any time and at its sole discretion, and for any reason whatsoever, for another prize or component of a prize of equal or greater value, including, but not limited to, a cash prize; (iii) grand prize winners are solely responsible for any expense not included in the aforementioned prize description; (iv) by accepting the prize, winners agree to waive the right to institute any proceedings against the beneficiaries (as defined in section 10 below) in relation with the acceptance or use of the prize, and recognize that, from the delivery of the prize, obligations arising therefrom become the responsibility of the suppliers of services and products making up the prize. Prizes will be awarded only to eligible participants that comply with the rules of the contest. For clarity, grand prize winners are responsible for all incidental expenses ensuing from the acceptance of the prize. Each winner accepts and understands that the Sponsor, or their respective advertising and promotion agencies, will not reimburse or compensate these expenses.
3 7. RESTRICTIONS The Contest is subject to the following restrictions: 7.1 There is a limit of one (1) participation per person during the contest period. 7.2 There is a limit of one (1) address per person, if the person has more than one address. 7.3 There is a limit of one (1) prize per person and per residence. 8. DRAW GRAND PRIZES 8.1 The draw for the three (3) grand prizes will take place as follows on April 25, 2016 at 11:00 a.m. (EST): one (1) grand prize among eligible Quebec residents, one (1) grand prize among eligible Ontario residents, and one (1) grand prize among eligible Atlantic provinces residents. Prizes will be drawn by lot using a random software, from the offices of the agency in charge of administrating the contest, located in Montréal. 8.2 The odds of winning a grand prize depend on the number of entries received during the contest period from each geographic market, namely: (i) the province of Quebec, (ii) the province of Ontario, and (iii) the Atlantic provinces: Prince Edward Island, New Brunswick, Nova Scotia and New- Fouldland/Labrador. SECONDARY PRIZES 8.1 On April 15, 2016, immediately following the grand prizes draw, from the offices of the agency in charge of administrating the contest, located in Montréal, the one hundred ten (110) secondary prizes will be drawn by lot using a random software among one hundred ten (110) eligible entries selected among all the eligible entries received during the contest period. 8.2 The odds of winning a secondary prize depend on the number of entries received during the contest period. 9. PRIZE AWARDING PROCESS In order to be declared a winner and to be able to claim their prize, selected participants must accept and comply with the following conditions: 9.1 To have complied with the official rules of the contest, including the contest eligibility requirements; 9.2 To be reached by telephone or , in the Sponsor's sole discretion, within 10 to 15 days following the draw. In the event where a participant is reached by , the latter must reply in compliance with the instructions provided therein, as the case may be. In the case of a prize
4 notification sent by followed by a "failure to send " notification, the Sponsor will have the right, at its entire discretion, to either disqualify the participant's entry or to reach the latter by telephone; 9.3 To fill out and sign the declaration and waiver of liability form (the "Declaration Form"), stating that all the terms and conditions of the contest have been complied with, and through which selected participants confirm that by accepting the prize, they release the Beneficiaries (as defined in section 10 below) from any liability in connection with their participation in the contest and with the acceptance of the prize. The form will be submitted by mail, fax or by contest organizers. Participants must also answer the provided mathematical skill- testing question and return the form to the Sponsor within ten (10) of receipt; 9.4 To provide or to fill out any other document that may reasonably be required by the Sponsors; 9.5 If the selected participant: (a) is unable to answer the mathematical skill- testing question correctly; (b) fails to return a duly signed copy of the form or any other document that may be required by the Sponsors within the deadline; (c) cannot accept the prize as awarded for any reason whatsoever; (d) or otherwise fails to comply with these rules, the participant shall be disqualified and lose any right to the prize and the Sponsor reserves the right, at its sole discretion, to cancel the prize or to select another participant among eligible entries received until a participant is selected and declared the winner, the whole in accordance with these rules. 9.6 Within two (2) to four (4) weeks following the receipt of a duly signed and completed Declaration Form, the Sponsor will contact the winners to inform them of the terms and conditions for taking possession of the prize. The winners may be announced on the Sponsor's Facebook page after the draw on December 15, NO REPRESENTATIONS OR WARRANTY Total Canada, their affiliated companies and dealerships, as well their officers, directors employees, agents and representatives, and their respective advertising and promotion agencies (collectively known as "the Beneficiaries") do not provide any representation or warranty whatsoever, whether explicit or implicit, with respect to the prizes. Winners recognize that they may not receive a reimbursement or compensation from, nor can they institute proceedings against the beneficiaries in relation with the acceptance or the use of the prize, including, but not limited to, in the event that the prize does not meet their expectations or if they are not fully satisfied with the prize. Beneficiaries shall not be held liable for: (i) any failure of the contest's website or any related website; (ii) any error, malfunction or sent communication that affects an entry, or affects or eliminates the possibility to participate in the contest arising from any reason whatsoever, including, but not limited to, technical difficulties or congestion on the Internet, or on the contest's website or any related website; (iv) any loss or damage arising, indirectly or directly, in whole or in part, from the download of any webpage, any software or the transmission of any information in connection with the contest, including damages to any computer equipment belonging to a
5 participant or any other person, arising or resulting from the participation or the attempt to participate in the contest. 11. END OF CONTEST PARTICIPATION Should the computer system be unable to register all the entries during the contest period, for any reason whatsoever, or should the contest participation end in whole or in part before the end of the contest period set in these rules, the draw may still be held at the Sponsor's discretion among the eligible entries received during the contest period or, as the case may be, until the date of the event that ended the contest participation. 12. ACCEPTANCE OF THE PRIZE AS AWARDED Prizes must be accepted as awarded. Unless otherwise specified in these rules or at the Sponsor's sole discretion, prizes may not be transferred and may not be exchanged for cash. In addition, prizes, or any part of a prize, may not be substituted. Prize winners that do not accept the prize as is, will see their entry cancelled, and they will be disqualified. 13. PRIZE SUBSTITUTION OR AMENDMENT TO THE CONTEST The Sponsor reserves the right, at its sole discretion, to substitute the prize or component of a prize of equal or greater value. The Sponsor also reserves the right to modify the rules of the contest, to suspend it or to terminate it at any time, without prior notice, subject to the approval of the Régie des alcools des courses et des jeux du Québec, if necessary. In any case, the Sponsor may not be required to award additional prizes or award prizes other than those described in these rules. 14. CONTEST ORGANIZERS DECISION Any decision by the Sponsor or their representatives regarding the contest is final and without appeal, and subject to any decision by the Régie des alcools, des courses et des jeux du Québec on any issue under its jurisdiction. 15. DOCUMENT OWNERSHIP AND RESPONSIBILITY All the entry forms and declaration forms shall become the property of the Sponsor, and will not be returned to the participants. Any entry form and declaration form that is incomplete, illegible, mutilated, fraudulent, late, that contains an invalid address or telephone number, that contains the wrong answer to the mathematical skill- testing question, or that is otherwise non- compliant, may be dismissed and will not qualify for the Contest or a prize, as the case may be. Beneficiaries are not responsible for lost, stolen, illegible or destroyed entry forms or declaration forms due to any technical malfunction caused by the telephone network, the online computer systems, servers, access suppliers, software, poor reception, technical problems, any malfunction, or for any other reason or cause.
6 16. CONSENT TO USE PERSONAL INFORMATION By participating in the contest, registered participants, including prize winners, authorize the Sponsor to use their name, city of residence, picture, comments, voice, image, likeness, and any statement regarding the prize, for promotional purposes in connection with sponsor activities or in connection with the contest, including future editions, in any media, without compensation and for an unlimited period of time. Prize winners consent to the use of their comments on the prize, in any media and for promotional purposes. Moreover, the Sponsor reserves the right, at its discretion, to choose some of the winners for the purpose of shooting a promotional video showing the winners enjoying their prize, in any media, the whole without compensation and for an unlimited period of time. Selected winners consent to take part in this video and undertake to cooperate with the Sponsor to obtain any additional authorization required in that regard from the people appearing in the video. 17. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION By participating in the contest and by voluntarily providing personal information that includes, but is not limited to, their name, address, city of residence, address, home telephone number (collectively "the participant's information"), participants expressly authorize the Sponsor to collect and use their information to administer the contest. There shall be no communication between the Sponsor and the participants outside the framework of the contest other than in compliance with these rules or at the initiative of the Sponsor, without the participant's express authorization. 18. PARTICIPANT IDENTIFICATION For the purpose of these rules, the participant means the person whose name appears on the entry form and who will receive the prize if they are selected and declared a winner. 19. COMPLIANCE WITH THE LEGISLATION IN EFFECT This contest is subject to all applicable federal, provincial, territorial and municipal laws and regulations where the contest takes place. 21. LITIGATION 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 des alcools, des courses et des jeux only for the purpose of helping the parties reach a settlement. 22. SEVERABILITY OF SECTIONS If a section of these contest rules is declared or deemed illegal, unenforceable or invalid by a competent court, then this section shall be considered invalid, but all other sections will be applied within the limits of the law.
7 23. LANGUAGE In the event of a discrepancy between the French and English versions of these rules, the French version shall take precedence.
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