SEEDS OF CHANGE® Promotion

SEEDS OF CHANGE® PROMOTION OFFICIAL TERMS AND CONDITIONS

 

This Promotion is intended for viewing and participation in Canada only and shall be construed and evaluated according to the laws of Canada. Please do not proceed if you are not a legal resident of Canada at time of participation. Void elsewhere and where prohibited.

 

A valid e-mail address is required to participate in the Promotion. Many public libraries, retail businesses and others offer free computer and internet access and a number of internet service providers and other companies offer free email addresses.

 

These Official Terms & Conditions (“Official Terms”) apply to the SEEDS OF CHANGE® Promotion. By participating in the Promotion, you accept and agree to be bound by these Official Terms. If you do not accept them, please do not proceed as you are not eligible to participate in the Promotion.

 

The purpose of this Promotion is to promote and provide support to participating Community Gardens in the form of a national awareness campaign designed to educate Canadians about community gardens, which includes donating a total of one percent (1%) of SEEDS OF CHANGE® brand 2015 net sales in Canada to Community Gardens, according to the process described in these Official Terms, including discretionary and consumer voting components.

 

1. SPONSORSHIP. The SEEDS OF CHANGE® Promotion (“Promotion”) is sponsored by Mars Canada Inc. (“Sponsor”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and participants understand that by participating in the Promotion, they are providing their information to Sponsor and not to Facebook. Facebook is completely released of all liability by each participant. Any questions, complaints or comments regarding the Promotion must be directed to Sponsor and not to Facebook.

 

2. PROMOTION PERIOD: The Promotion commences on March 10, 2015 at 1 pm Eastern Time (“ET”), and closes on December 31, 2015 at 11:59:59 PM ET (the “Promotion Period”).

 

3. ELIGIBILITY: The Promotion is only open to legal residents of Canada who are 13 years of age or older and who have a valid Facebook account. Individuals who are a director, officer, or employee of Mars Canada Inc. or its subsidiaries and associated companies, advertising and Promotion agencies, the independent Promotion Judges (collectively, the “Promotion Entities”), or persons who are domiciled or a member of the immediate family (defined as mother, father, brothers, sisters, sons, daughters and husband or wife) of any of the above persons, are NOT eligible to participate in the Promotion. No purchase is required to participate.

 

4. HOW TO VOTE:

 

You may participate in the Promotion by voting for a Community Garden in accordance with these Official Terms.  To vote, visit Seedsofchange.ca/gardens   (“Promotion Site”) during the Promotion Period and click on the “SEEDS OF CHANGE®” Promotion tab on the Facebook page. Review the Official Terms; by proceeding to vote, you confirm that you have read, understood and agree to the Official Terms.  Then click on the Community Garden you wish to vote for. You must have or obtain a Facebook account to participate. In order to access the Promotion application (the “Application”) you will need to allow the Application to access your Facebook account by clicking the “Okay” button. Participants must be over the minimum age required to create a Facebook account and otherwise comply with Facebook account creation rules in order to vote.  Votes must be recorded by the Sponsor’s server by 11:59:59 PM ET on Dec. 31.2015. If it is discovered that attempts were made by a participant to (i) vote more than once per day in violation of the limit stated below, (ii) use automated, script, macro or robotic programs to submit votes or (iii) engage in systematic voting from the same computer/IP address, the participant’s past votes and any future votes may be cancelled and not counted, in the sole and absolute discretion of the Sponsor. All votes are subject to verification. The Sponsor reserves the right to require a participant to provide proof of identity and/or qualification under these Official Terms for votes cast or purportedly cast by such participant to be considered valid for the purposes of this Promotion.

 

Sponsor reserves the right to disqualify any vote that it determines in its sole and absolute discretion not to be in compliance with these Official Terms.

 

LIMIT OF ONE (1) VOTE PER FACEBOOK ACCOUNT PER DAY DURING THE PROMOTION PERIOD.

 

5. DONATION

 

A total of one percent (1%) of the Seeds of Change® brand net annual product sales value in Canada in 2015 (“NSV”) will be donated to participating Community Gardens.   A portion of the NSV, to be determined by Sponsor in its sole discretion subject to these Official Terms, will be distributed equally to all participating Community Gardens.  The balance (up to a maximum of 50% of the total NSV) will be distributed based on each Community Garden’s weighted allocation (“Weighted Average Calculation”) combined with consumer votes received through the Promotion Site by that Community Garden.   For purposes of calculating donations, the following definitions apply:

 

“NSV” means Sponsor’s gross 2015 invoice amounts less (i) any and all taxes, freight, insurance, and other separately stated charges, and (ii) any and all credits and/or allowances.  NSV will be determined solely by Sponsor.

 

“Weighted Average Calculation” will be determined as follows: NSV, less the total discretionary portion to be distributed equally among the Community Gardens, will equal Y. Y divided by the total number of participating Community Gardens in Canada will equal X. X times the number of Community Gardens in a given province will equal Z. With respect to each province, Z will represent the donation amount available within that province.  The percentage of Z that each Community Garden receives for this portion of the donation will be equal to the percentage of consumer votes for that Community Garden out of the total of eligible votes cast for all Community Gardens in the same province during the Promotion Period.

 

“Community Garden” means a participating community garden that has been selected by Sponsor according to predetermined criteria and which has validly entered into a donation agreement with Sponsor that remains in effect at the end of the Promotion Period. Certain Community Gardens may be affiliated but are listed individually regardless of affiliation. Community Gardens may not be located in all communities or provinces. The complete list of Community Gardens included in the Promotion will be available on the Promotion Site and at time of voting and is subject to change if a Community Garden no longer meets Promotion requirements. Should a Community Garden cease to meet qualification criteria during the Promotion Period, any votes previously cast for that Community Garden will be disregarded.

 

At its discretion, Sponsor may, but shall not be required to, publish voting results or donation amounts specific to individual Community Gardens, or the total donation amount in the Promotion.

 

6. GENERAL:

 

By participating in this Promotion, participants agree to abide and be bound by these Official Terms and decisions of Sponsor, which are final and binding on all participants with respect to all aspects of the Promotion.

 

The Sponsor is not responsible for typographical errors or any other errors in the offer or administration of this Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including but not limited to errors in advertising materials and the Official Terms.

 

In the event of a conflict between Promotion details contained in these Official Terms and Promotion details contained in Promotion advertising (including but not limited to online, point of sale, television, and print advertising, packaging, and other Promotion media), the details of the Promotion as set forth in these Official Terms shall prevail.

 

Sponsor accepts no responsibility for lost, stolen, deleted, delayed, late, damaged, corrupt, misdirected, incomplete, unrecorded, unplayable or illegible votes or any failure of the Promotion Site or any related website during the Promotion Period, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to a participant’s or any other person’s computer related to or resulting from voting in the Promotion or downloading any material relating to the Promotion. Proof of transmission does not constitute proof of delivery.

 

The Sponsor reserves the right to disqualify any vote in the Promotion (and void all associated votes) if, in the sole discretion of the Sponsor, it determines or suspects that the participant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair practices (including any votes generated by script, macro, robotic, programmed, or any other automated means).

 

In the event of a dispute as to the identity of a participant, votes will be deemed made by the authorized account holder of Facebook Account used at the time of voting.

 

Any attempt to deliberately damage any web site or to undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.

 

As a condition of voting, each participant agrees to release Sponsor and Promotion Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participation in the Promotion.

 

The Sponsor reserves the right to suspend, cancel or modify the Promotion at any time, for any reason, including fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor, that corrupt the administration, security, integrity or proper play of the Promotion, and to determine donation amounts based on the verified consumer votes obtained prior to that time.

 

This Promotion is exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court in Toronto, Ontario, Canada. Promotion is subject to all applicable federal, provincial, municipal and local laws and regulations and is void where prohibited by law.

 

In the event of any discrepancies between the English language rules and the non-English language rules, the English rules shall prevail.

 

The invalidity or unenforceability of any provision of these Official Terms 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 Official Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Terms in any manner whatsoever.

 

By participating in the Promotion, participants consent to the collection and use of their personal information as per the privacy policy found under the heading “Privacy” on the SEEDS OF CHANGE® brand website under www.seedsofchange.ca. For a copy of the privacy policy visit http://www.mars.com/privacy/pp_english.asp Sponsor will not sell, share or otherwise disclose personal information of participants with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.

 

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