TERMS OF PARTICIPATION
PROJECT “THE CANS ARE OUT THERE” (the “Activation”)
This Activation is run by Red Bull Canada, Ltd. ("Sponsor" or "Red Bull") whose registered office is located at #200-381 Queen Street West, Toronto ON M5V 2A5 as well as its affiliated companies and partners.
NO PURCHASE NECESSARY. The Activation is open only to residents of British Columbia, Alberta, Saskatchewan and Manitoba. Others may participate in the game described herein but will not have the potential to receive a can of product. This Activation is free of charge and is only subject to the present Terms of Participation (“Terms”) and to all applicable federal, provincial, local and regional laws and regulations.
For general questions arising out of these Terms and/or related to this Activation, please contact Caitlin.email@example.com.
By participating in this Activation, you agree to be bound by these Terms and represent that you satisfy all of the eligibility requirements below.
1.1 In order to participate in this Activation and be eligible to receive a can (available while supplies last), you represent and warrant that you ("Participant" or “you”) satisfy and accept the following eligibility criteria and conditions:
1.2 You have reached the age of majority in your province of residence at the time of participation.
1.3 You hold a valid Facebook account. You may only use one (1) Facebook account to participate in this Activation.
1.4 To participate in this Activation you must be an individual who is a legal resident of British Columbia, Alberta, Saskatchewan, or Manitoba (each, a “Participating Province”).
1.5 Red Bull is not responsible in the event that a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Activation whatsoever. Participant agrees that Red Bull is not liable in case a Participant injures him-/herself while performing actions with regard to this Activation.
1.6 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Activation, professional advisors, third party service providers or advertising and promotional agencies involved with this Activation, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or receive any can in this Activation.
1.7 Maximum of one free can (as described below) per person and per Facebook account.
1.8 Sponsor reserves the right to require proof of age, identity and/or other provided details at any time at its discretion.
2. ACTIVATION PERIOD
2.1 The Activation starts at 12:00:01 AM Eastern Time (“ET”) on September 16, 2015 and ends at 11:59:59 PM ET on October 12, 2015.
2.2 You cannot participate outside of this Activation period. Red Bull reserves the right to extend the Activation period at its sole discretion.
2.3 Sponsor reserves the right to further limit the number of participants and/or cans due to the fact that there will only be a limited number of cans available. Once the maximum number of cans have been distributed, participants can continue to participate in the Activation, however they will not be eligible to receive a can. Participants will be notified if there are no more cans available before they begin the game. In such a case, the Participant will receive no can.
3. RULES OF THE GAME AND OF PARTICIPATION
3.1 In order to participate in the Activation, please visit www.redbull.ca/findthecans and follow the given instructions step by step.
3.2 To play the game, you must find four (4) separate cans hidden with the illustration. In each case, it must be one (1) Red Bull Red Edition, one (1) Red Bull Blue Edition, one (1) Red Bull Lime Edition and one (1) Red Bull Yellow Edition can. Once you find a can, you can double click on it to indicate that it is found. If you find all four (4) distinct cans, you will be notified that you have been successful (a “Successful Participant”). In searching for the cans, you can zoom into the image using the magnification tool, and you can move the image around to see those parts that may not be visible on your screen.
3.3 As a Successful Participant, you will be asked to provide your full name and mailing address, connect through Facebook Connect and confirm that you are eligible to participate in the Activation and have read and agree to these Terms. By providing this information and logging in through Facebook Connect, the Participant consents that his name, full address, and postal code, in addition to other data provided via Facebook Connect (age, location, etc.) will be stored for the duration necessary for this Activation in order to complete the fulfilment process.
4. THE CANS
4.1 Each Successful Participant who is eligible for the Activation will receive a card in the mail containing a Price Look-Up Code (a “Card”), while supplies last. Each Card can be redeemed by December 31, 2015 at any Mac’s Convenience location in any Participating Province for one (1) can of their choice of Red Bull Red Edition, Red Bull Blue Edition, Red Bull Lime Edition or Red Bull Yellow Edition. There is a limit of 10,000 Cards available to be distributed to eligible Successful Participants in connection with the Activation, such Cards to be distributed in four (4) distinct tranches, 2,500 Cards per tranche, on a first-come first-served basis, commencing at 12:00:01 AM ET on each of the following four (4) dates: September 16, 2015; September 23, 2015; September 30, 2015 and October 7, 2015. Eligible Successful Participants other than the first 2,500 eligible Successful Participants participating in the Activation following the commencement of one (1) of the four (4) tranches will be able to participate in the Activation but will not receive Cards.
4.2 Please note that no costs whatsoever will be reimbursed for participation in the Activation.
4.3 To the extent permitted by applicable local law, each Card is provided "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
4.4 No cash alternatives will be provided and Cards are non-transferable and non-refundable.
4.5 The contact details you provide as a Successful Participant will be used to mail the Card to you; please make sure they are correct. Cards will be mailed to the given address within 5 business days of participation.
4.6 The Activation will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Activation is final, and no correspondence will be entered into.
4.7 Sponsor may require that any Successful Participant, as a condition of receiving a Card, must answer correctly, unaided, a mathematical skill-testing question to be administered at a time and in a manner determined by Sponsor in its sole discretion.
5. SPONSOR’S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
5.1 Subject only to applicable law, Sponsor reserves the right to change the Activation rules and these Terms from time to time and such changes will be available on www.redbull.ca/findthecans.
5.2 If in Sponsor’s opinion the Activation is compromised by any event beyond Sponsor’s sole control, Sponsor reserves the right to modify, terminate, amend or extend the Activation without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
5.3 At any time during the Activation, Sponsor reserves the right in its sole discretion to disqualify and remove any Participant for any failure to observe these Terms (including but not limited to, because Sponsor believes the Participant engaged in cheating and in general for violations of the provisions set out under section 6. of these Terms) or where applicable any other kind of illegal or inappropriate behaviour. In the event that a Participant who has successfully completed the game is disqualified, the can will be forfeited.
5.4 Late, illegible, incomplete, defaced or corrupt game play or forms will not be accepted. No responsibility can be accepted for lost game plays and proof of transmission will not be accepted as proof of receipt.
5.5 If you are disqualified, Red Bull is under no obligation to publish this fact.
6. FAIR PLAY
6.1 You hereby confirm that the personal data you enter in connection with the Activation is accurate and up to date.
6.2 You hereby warrant and represent that you personally performed and otherwise participated in the Activation to meet the criteria set out under sections 1. and 3. of these Terms associated with your participation and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation.
6.3 You confirm and are responsible that your entry does not infringe the terms of Facebook http://www.facebook.com/policies/ or Twitter https://twitter.com/tos.
6.4 In case of an infringement of sections 6.2 and/or 6.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
6.5 Red Bull undertakes to use reasonable efforts to maintain adequate hardware and software service for the Activation and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible participation; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; notification deliveries attempted but not received; any loss suffered by anyone who participates or attempts to participate in the Activation, whether the participation is lost, not submitted, wrongly processed or does not qualify for a can.
7. COLLECTION OF INFORMATION & DATA PROTECTION
7.1 In the following, the term “Personal Data” describes all data kept in connection with your name.
7.2 Red Bull may process your Personal Data itself, within the Red Bull Group or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
7.3 Red Bull and its affiliated companies will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Red Bull is required to transmit Personal Data to an outside data processor in connection with the Activation, Red Bull will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms. In such cases, Red Bull will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Activation. Please note that Red Bull does not have complete control over the compliance with this obligation and that Red Bull cannot be held responsible for possible infringements by its partners to the extent that it is legally permissible.
7.4 Since Red Bull operates globally, this may mean Red Bull could transfer your personal information to other countries, including countries outside of Canada in accordance with all relevant data protection regulations.
7.5 Personal Data will only be used for purposes in connection with this Activation and for future marketing purposes.
7.6 Red Bull, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
7.7 Red Bull does not knowingly collect information from persons below the age of majority in their province of residence.
7.8 The entered Personal Data shall always be accurate. You should keep your data up to date in order for Red Bull to notify you in case you will receive a can. Red Bull will ensure that your personal data is not used if it is known that it is not accurate.
7.9 Red Bull and its contractors may contact you in relation to the Activation.
7.10 At any time, you have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Red Bull will ensure the deletion of such data as soon as feasible.
7.11 At any time, you also have the right to request information about the Personal Data the Sponsor is keeping.
7.12 You may contact Red Bull with regard to privacy questions as follows: Caitlin.firstname.lastname@example.org
7.13 No cooperation with Facebook / Twitter or any social media provider whatsoever exists with regard to this Activation. For questions of data usage by Facebook / Twitter, please refer to http://www.facebook.com/policies/ and https://twitter.com/tos. The Activation is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter. You understand that you are providing your information to Red Bull and not to Facebook. Any personal information you provide will only be used for the administration of this Activation and in accordance with the privacy terms outlined above. Facebook and Twitter are completely released from all liability by each participant in this Activation. Any questions, comments or complaints regarding the Activation must be directed to Red Bull and not Facebook or Twitter.
8. LIABILITY AND WARRANTY
8.1 Sponsor and the Red Bull Group exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Activation, and by participation in the Activation you agree with such exclusion of liability.
8.2 In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
8.3 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Activation.
8.4 All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of Participants or Sponsor in connection with the Activation shall be governed and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, and any disputes will be subject to the exclusive jurisdiction of the courts of Ontario.
Updated: September 2015