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The Hershey + Cineplex Contest

CONTEST RULES AND REGULATIONS

Official Rules

By entering this Contest, entrants agree to abide by these rules and regulations (the “Official Rules”). The decisions of the Sponsor with respect to all aspects of the Contest are final. Cineplex Entertainment LP (“Cineplex”) is 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 Cineplex.

1. NO PURCHASE NECESSARY:

The Hershey + Cineplex Contest (the “Contest”) is sponsored by Hershey Canada Inc. The Contest starts at 9:00:00 AM Eastern Time (ET) on July 31, 2023 and closes at 11:59:59 PM (ET) on September 30, 2023 (the “Contest Period”). No Purchase Entries (see rule 3) must be sent by the Contest End Date and received by September 30, 2023 (“Grace Period End Date”).

2. ELIGIBILITY:

To enter and be eligible to win, an entrant must (a) be a legal resident of Canada (excluding Quebec) who has reached the age of majority at time of entry in the province or territory in which they reside (b) be a Scene+TM member at time of entry. If you do not have a Scene account, you will need to sign up for one.  Visit https://www.cineplex.com/global/scene and follow the instructions to register for a free account. Specifically excluded from entering the Contest are: (i) employees, officers, directors, agents, and representatives of the Sponsor, the independent contest organization, Cineplex, and their respective subsidiaries, agents, affiliates, and advertising or promotion agencies; and (ii) a member of any such person’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the person or not). In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner or legal or common-law spouse.

3. HOW TO ENTER THE CONTEST:

There are two (2) ways to enter the Contest:

i. Purchase Entry: During the Contest Period, at a participating Cineplex® theatre location within Canada (excluding Quebec), choose one (1) Twizzler or one (1) Jolly Rancher as your candy of choice (“Candy of Choice”)  with your concession Cineplex Combo purchase where at least one (1) candy is included (the “Eligible Purchase”) and use your Scene+ membership (see rule 2) at the time of transaction (“Transaction”). The Candy of Choice must be selected as part of the Cineplex Combo. Any Candy of Choice that is purchased outside of a Cineplex Combo will not be considered an Eligible Purchase. Upon doing so, you will receive one (1) entry (a “Purchase Entry”) into the Prize Draw (see Rule 6). You will only receive one (1) Purchase Entry per Transaction regardless of the number of Eligible Products purchased in the transaction so long as one (1) of the Eligible Products in the Eligible Purchase is purchased.

OR

i. No Purchase Entry: During the Contest Period, to receive one (1) No Purchase Entry (a “No Purchase Entry”)  into the Contest, on a plain piece of paper, hand-print your full name, Scene+ Membership Account Number, complete mailing address (including postal code), daytime telephone number (including area code), a valid email address, write a minimum 50 word hand written essay on “What would be my favourite movie and Hershey product pairing” and mail to: The Hershey + Cineplex Contest, No Purchase Entry-Dept.4393, Box 9500 Lakeshore West PO, Oakville ON, L6K 0G4, Each No Purchase Entry must be an original (no photocopies or other reproductions) and mailed in a separate envelope, bearing sufficient postage. No Purchase Entries must be received by Grace Period End Date.

4. ENTRIES:

Each “No Purchase Entry” and “Purchase Entry” will be referred to as an “Entry” or collectively "Entries". There is a limit of one (1) Entry per day per person for a total of forty-six (46) Entries during the Contest Period regardless of method of entry. A day is defined as starting at 12:00:00 AM and ending at 11:59:59 PM the same day (“Day”).  In the event it is determined that an Entrant has entered in a fashion not sanctioned by these Official Rules and/or has submitted more than forty-six (46) Entries as permitted by these Official Rules, the Entrant may be disqualified and all of the Entries submitted by the Entrant may be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

- PRIZES:

There are a total of one hundred forty-eight (148) prizes available to be won (each a “Prize” and collectively the “Prizes”) each consisting of a one (1) year annual CineClubTM Membership subscription (the “CineClub Membership”).which includes but is not limited to:

  • A free monthly movie ticket.
  • Discounted purchase price for additional CineClub-Priced tickets for you or guests.
  • Discounts on the purchase of concessions, the Cineplex Store®, The Rec Room®, Playdium®.

The CineClub Membership will be sent to the Winner’s Scene+ account associated with their winning Entry. For additional details and the terms & conditions of the CineClub Membership, visit https://www.cineplex.com/CineClub. The approximate retail value of each Prize is $120.00 (CAD). The Prize will expire after one (1) year of the winner subscribing to the CineClub Membership in which their Scene+ account will then revert to their original subscription (whether paid or unpaid). In the event the winner is already subscribed to an annual CineClub membership, the one (1) free year included in the Prize will be added to their Scene+ account after their current CineClub membership expires.

Each Prize must be accepted as awarded without substitution, is not transferable, not for resale and has no cash surrender value. Notwithstanding the foregoing, the Sponsor reserves the right, in the event that a Prize cannot be awarded as described for any reason (as determined by the Sponsor in its sole discretion), to substitute another Prize component of equal or greater value, without liability. Limit of one (1) Prize per person.

5. PRIZE DRAW:

One (1) Prize draw will be held at approximately 11:00 AM (ET) on September 30, 2023 (the “Draw Date”) in Toronto, ON by Cineplex from among all Entries received by the Grace Period End Date to determine the one hundred forty-eight (148) selected entrants (each a “Selected Entrant”). Odds of being selected depend on the total number of Entries received by the Grace Period End Date. If a Selected Entrant (a) cannot be reached by telephone and/or email within three (3) Days of the first notification; (b) fails to correctly answer the skill testing question (see rule 7); or (c) fails to return the properly executed Release Form within the specified time (see rule 7), then they will be disqualified and another entrant will be randomly selected until such time as all Prize winners are confirmed or there are no more eligible Entries, whichever comes first.  Neither Sponsor nor Cineplex will not be responsible for failed attempts to contact a selected entrant.

6. WINNER DECLARATION:

To be declared a Prize winner, each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question. Each Selected Entrant must also complete and return a Declaration and Release Form (the “Release Form”). By completing and returning the Release Form, and accepting the Prize, the Prize winner confirms compliance with the Official Rules, acknowledges that the Prize must be accepted as awarded and cannot be substituted or transferred, releases the Sponsor, Cineplex, and their respective affiliates, advertising and promotional agencies, the independent contest organization, and their respective shareholders, directors, officers, employees and agents from and against all liability in connection with the Contest and/or the awarding and use of the Prize, and consents to the use of their name, address (city and province/territory), and/or photographs, without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Contest. The Release Form must be returned within the time period specified on the Release Form or the Prize will be forfeited. The Prize will be sent via email to the winner’s email ID associated with their Scene+ membership tied to their winning Entry within 4-6 weeks of being declared a Prize winner.

7.

By entering and accepting a Prize, each winner agrees to the Sponsor's use of the winner’s name, city, province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Sponsor and its respective successors, assigns and licensees may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, and hereby releases the Sponsor and the Releasees from any liability with respect thereto.The Releasees will not be responsible for late, lost, illegible, incomplete, falsified or destroyed Entries and all such Entries are void. Entries that have been falsified, tampered with or altered are void. The Releasees 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. In the event of a dispute, Entries will be deemed to have been submitted by the authorized account holder of email address associated with the Scene+ membership used at the time of Entry. “Authorized account holder” is defined as the person whose name is registered to the Scene+ membership number. If the identity of an Entrant is disputed, the authorized account holder associated with the Scene+ membership at the time of entry will be deemed to be the Entrant. A selected Entrant may be required to provide proof that they are the authorized account holder of the email address associated with the selected Scene+ membership. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

8.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the following exclusions may not apply to you. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASEES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE CONTEST, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PRIZE OR MERCHANDISE FOR WHICH IT IS REDEEMED (IF APPLICABLE). FURTHER, BY PARTICIPATING IN THIS CONTEST, TO THE EXTENT PERMITTED BY LAW,  ENTRANTS AGREE THAT THE RELEASEES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.

9.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles.

10.

The Sponsor reserves the right, without prior, to terminate or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, the Sponsor reserves the right, to terminate the Contest and conduct a random draw from all previously received eligible Entries.

11.

All Entries become the permanent property of the Cineplex. No correspondence will be entered into except with the selected Entrants. The Contest is subject to all applicable federal, provincial/territorial and municipal laws. By participating in the Contest, each Entrant agrees that the Releasees have not made, with respect to each of their own products / services provided as a Prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize and that the Releasees specifically disclaim all such warranties and representations, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries and Prize claims are subject to verification. Proof of Entry does not constitute proof of receipt. Entrants agree to abide by these Official Rules. The Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to the Sponsor the winner’s Prize, or the cash value thereof. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

12.

In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials including, but not limited to: the entry form, Contest Website, and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.

13. CONSENT TO USE PERSONAL INFORMATION:

At Cineplex and Hershey, we are committed to respecting your desire for privacy. Cineplex will not sell your personal information collected for this Contest to any third parties. However, Cineplex will share your name with Hershey if you are declared a winner. Any personal information collected for this Contest shall be used by Cineplex as is disclosed herein and for the administration of the Contest and fulfillment of the Prize. Please note that by submitting personal information to Cineplex, you consent to Cineplex’s use as described herein http://www.cineplex.com/Global/PrivacyPolicy.aspx