THIS CONTEST IS OPEN TO CANADIAN RESIDENTS AND IS GOVERNED BY CANADIAN LAW.
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
AGREEMENT TO BE LEGALLY BOUND BY THE OFFICIAL RULES: By submitting an entry into this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules (the “Rules”).
PARTICIPATION REQUIREMENTS: Kruger Products L.P., (the “Sponsor”) is offering eligible Cashmere® customers the opportunity to enter the Contest when they purchase one (1) or more Participating Products (as defined in Rule 5 below) from an authorized participating Canadian retailer, while supplies last, during the Contest Period (as defined in Rule 3 below). See Rule 6 for complete details on how to enter this Contest – including details on how to enter without purchasing a Participating Product.
CONTEST PERIOD: Cashmere® “Diamond” Contest (the “Contest”) begins on June 2, 2017 at 12:00:01 p.m. Eastern Standard Time (“EST”) and ends on August 31, 2017 at 11:59:59 a.m. EST (the “Contest Period”). For the purposes of these Rules, a day (each, a “Day”) commences at 12:00:00 a.m. EST and ends at 11:59:59 p.m. EST – except for the first Day (June 2, 2017) which commences at 12:00:01 p.m. EST and ends at 11:59:59 p.m. EST and the last Day (August 31, 2017) which commences at 12:00:00 a.m. EST and ends at 11:59:59 a.m. EST. For the avoidance of any doubt, there are a total of ninety-one (91) Days in the Contest Period.
PARTICIPATING PRODUCTS: During the Contest Period, the following two (2) specially marked “Participating Products” will be made available at authorized participating Canadian retail stores, while supplies last and subject to inventory: (i) Cashmere® Double Roll 12 rolls (UPC 0 61328 34212 8); and (ii) Cashmere® Ultra Double Roll 12 rolls (UPC 0 61328 35412 1). Purchases made by or on behalf of group, clubs, organizations, businesses and commercial and non-commercial entities will not be accepted and will not be eligible for this Contest. Purchases made through online retailers are not eligible.
HOW TO ENTER: NO PURCHASE NECESSARY.
HOW TO PARTICIPATE THROUGH PURCHASE: Prior to visiting the Website (as defined below), an eligible person must ensure that he/she: (i) has purchased one (1) or more of the Participating Products from an authorized participating Canadian retailer during the Contest Period; (ii) that the sales receipt identifies the retailer and date of the purchase (ensure it is within the Contest Period as defined in Rule 3 above); (iii) add a “X” next to the Participating Product(s) identified on your sales receipt; (iv) take a photograph (Maximum file size of 10 MB and photographs must be submitted in one of the following acceptable formats: Jpeg; JPG; GIF; BMP) of your sales receipt in its entirety (note; consumers are encouraged to blank out any personal information that appears on the sales receipt); and (v) submit your entry by completing the following steps to be eligible to earn one (1) Entry (each, an “Entry” and collectively, the “Entries”):
Visit www.cashmerediamonds.ca (the “Website”) and follow the on-screen instructions to:
Enter your e-mail address and tick the box where indicated to signify your agreement that you have read and agree to be legally bound by these Rules;
Fully complete the online entry form with all required information – including your first and last name, complete mailing address (including postal code), daytime telephone number (including area code), valid e-mail address (note: you will be required to confirm your email address), and month and year of birth;
Enter the store name that appears on your sales receipt; select the Participating Product(s) you purchased; enter the number of Participating Products purchased on your sales receipt; and enter the purchase price you paid before tax;
Tick the box where indicated to confirm that you agree to accept a one-time e-mail from the Sponsor in relation to this Contest (i.e. to receive a one-time confirmation email that you have received an “Entry” into the Contest);
Optional: check the box to indicate that you would like to receive future promotional communications from the Sponsor. (IMPORTANT NOTE: It is not necessary to opt-in to receive promotional communications from the Sponsor, and you can opt-out of receiving promotional communications from the Sponsor at any time without impacting your chances of winning in this Contest);
Click the “Upload” button to add your photograph (Maximum file size of 10 MB and photographs must be submitted in one of the following acceptable formats: Jpeg; JPG; GIF; BMP) of your sales receipt as identified above and click “Submit”;
After clicking “Submit”, you will receive a new webpage with the following message “Thank you! We have received your entry. Keep your original sales receipt as it may be requested for verification purposes. Please allow up to 72 hours for validation processing. The status of your entry will be sent by email. Please ensure you check your inbox, spam or junk folders after 72 hours have lapsed for an e-mail from the Sponsor with the subject line “Cashmere Diamonds”. Proceed to Sections 7 and 8.
If there is a problem with your submitted Entry you will receive an e-mail from the Sponsor – which, among other things, may indicate the reason why your Entry could not be processed at this time. NOTE: If you have any questions in regards to your submitted Entry please visit the website at www.CashmereDiamonds.ca, check the FAQ webpage and/or follow the instructions within the email.
HOW TO ENTER WITHOUT MAKING A PURCHASE: To enter without making a purchase, hand print your first name, last name, telephone number, valid email address and complete mailing address (including postal code), month and year of birth on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) along with a 50 word or more unique and original essay telling us “What is special about a Diamond Anniversary”: Cashmere Diamond Contest, 379 Adelaide St. West, 4th Floor, Toronto ON, M5V 1S5 (the “No Purchase Entry Request”). Upon receipt of your No Purchase Entry Request in accordance with these Rules, you will be eligible to receive one (1) Entry in the Contest per unique and original essay per envelope with sufficient Canadian postage (up to the maximum number of Entries per Day as stated in Rule 9). To be eligible, a No Purchase Entry Request must: (i) be received separately in an envelope bearing sufficient Canadian postage (i.e. multiple No Purchase Entry Requests in the same envelope will be void); and (ii) be post-marked during the Contest Period and received on or before September 12. 2017. No duplicates or photocopies or hand typed No Purchase Entry Requests will be accepted. The Released Parties (as defined below in Rule 9) do not assume any responsibility and are not responsible for any late, lost, misdirected, delayed or incomplete No Purchase Entry Requests (all of which are void).
IMPORTANT: YOU MUST KEEP YOUR ORIGINAL SALES RECEIPT. The Sponsor reserves the right to request from a person the original sales receipt used for the purposes of this Contest for further verification purposes at any time and for any reason. Failure to provide your original sales receipt upon request within the timeline specified by the Sponsor may result in disqualification.
PROCESSING OF ENTRY: Processing of an Entry will take up to 72 hours from the time the Entry is received by or on behalf of the Sponsor. It is the responsibility of the entrant to check his/her e-mail account for his/her confirmation of Entry including (but not limited to) his/her inbox, spam or junk folders. The Released Parties (as defined below in Rule 9) do not assume any responsibility and are not responsible for electronic communications which are undeliverable for any reason, including (but not limited to) as a result of any form of active or passive filtering of any kind or insufficient space in a entrants mailbox to receive e-mail messages, or other communications.
ENTRY LIMIT: There is a limit of up to three (3) Entries per person, per Day (regardless of the method of entry). The number of Entries per Day that will be allocated to an eligible entrant will be determined by the Sponsor, in its sole and absolute discretion, as follows: (i) If a sales receipt contains one (1) eligible Participating Product, then the eligible entrant will be eligible to receive one (1) Entry; (ii) If a sales receipt contains two (2) eligible Participating Products, then the eligible entrant will be eligible to receive two (2) Entries; or (iii) If a sales receipt contains three (3) or more eligible Participating Products, then the eligible entrant will be eligible to receive three (3) Entries. Each sales receipt can only be submitted once in relation to this Contest. For greater certainty and the avoidance of any doubt, if you purchase more than three (3) Participating Products on a single sales receipt, you will only be eligible to receive three (3) Entries in relation to that sales receipt. The sales receipt cannot be used again to claim further Entries. An entrant can only use one (1) e-mail address to participate in this Contest and all personal information provided must be truthful and accurate. 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) submit more than the maximum number of allowable Entries per Day (regardless of the method of entry); (ii) use a sales receipt more than one (1) time; (iii) falsely enter a sales receipt without legitimately obtaining a sales receipt in accordance with these Rules; (iv) enter a sales receipt or other information that has been falsified, manipulated or otherwise altered in any way; and/or (v) use multiple names, identities, e-mail addresses, sales receipts, 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. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form/No Purchase Entry Request is not fully completed with all required information and submitted and received in accordance with these Rules. The Sponsor, Contest Parties, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or other information (all of which is void).
VERIFICATION: All Entries, No Purchase Entry Requests and sales receipts 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 Entry, No Purchase Entry Request, sales receipt 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 of the entrant and any or all his/her Entries in the sole and absolute discretion of the Sponsor. Proof of transmission (post-marks, screenshots or captures etc.) or attempted transmission of a submission or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers or 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.
PRIZES AND APPROXIMATE RETAIL VALUES: There will be a total of ten (10) prizes (each, a “Prize” and collectively, the “Prizes”) available to be won during the Contest Period. Each Prize consists of 1.00 CT. T.W. Certified Canadian Diamond Solitaire Stud Earrings in 14K White Gold. Each earring holds a single certified Canadian round-cut diamond, together totalling 1.00ct. The diamonds boast a colour ranking of H-I and clarity of I2 with 3-prong stone setting with a screwback. The approximate retail value of each Prize is $5,000.00 CDN.
Without limiting the generality of the foregoing, all Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with an item or items of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Prizes will only be awarded to the person whose verifiable full name and valid e-mail address appears on the Entry Form/No Purchase Entry Request associated with the Entry in question. By accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part. Prize winners are solely responsible for all costs not expressly described herein. It is anticipated that each Prize will be sent to the confirmed winner’s address as indicated on his/her Entry Form/No Purchase Entry Request within thirty (30) days of receipt of the Sponsor’s declaration and release form and confirmation of the eligible winner as a winner in accordance with these Rules. There is a limit one (1) Prize per household.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed 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 Released Parties should his/her Prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
WINNER SELECTION PROCESS AND ODDS OF WINNING: A random draw will be held in Toronto, ON at approximately 3:00 p.m. EST on September 28, 2017 (the “Draw Date”). Ten (10) eligible entrants will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules. The odds of winning a Prize depend on the total number of eligible Entries submitted and received in accordance with these Rules.
ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURES: The Sponsor or its designated representative will attempt to contact each eligible winner by e-mail (using the information provided on the Entry Form/No Purchase Entry Request) within five (5) business days of the Draw Date. The Released Parties will not be responsible for failed attempts to contact an eligible winner. If any eligible winner cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the 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 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).
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 A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer 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 e-mail or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) 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 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 Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of his/her name, address, 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 (including, but not limited to, any social media platforms). 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 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 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 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 Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website and/or any platform(s); (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry/No Purchase Entry Request or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an e-mail address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to damage any website or 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. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. 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.
For Quebec residents: 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 board only for the purpose of helping the parties reach a settlement.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry/No Purchase Entry Request and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, French version of these Rules, 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 English Rules shall prevail, govern and control to the fullest extent permitted by law.
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.
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 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.