MEAD JOHNSON NUTRITION
BABY MONTHLY GIVEAWAY OF THE TODDLER BIRTHDAY PROGRAM
Official Rules and Regulations
1. The Enfamil Baby Monthly Giveaway is sponsored by Mead Johnson Nutrition (Canada) Co. (the “Sponsor”) and administered by BAM Strategy (the “Administrator”). By participating in this Contest, you are testifying your agreement that you have read and agree to be legally bound by these Official Contest Rules (the “Rules”). This Monthly Giveaway Contest begins on December 1st, 2020 and ends on May 5th, 2021 . Each Giveaway begins every month at 1:00 PM (ET) the first of the month and ends five days later at 4:00 PM (ET) (the “Contest Period”).
2. To enter and to be eligible to win, entrants must be a legal resident of Canada and must have reached the legal age of majority in the province or territory in which he/she resides. Despite the foregoing, employees, representatives or agents (and those with whom such persons are living, whether related or not) of Mead Johnson Nutrition (Canada) Co. (the “Contest Sponsor”), its parent organization, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration, or fulfillment of the Contest (collectively, the “Contest Parties”) are ineligible to enter or win.
3. TO ENTER: NO PURCHASE NECESSARY. To enter the Contest:
a. Participate via the Toddler Birthday Toolbox of enfamil.ca by posting a birthday photo of your one-year-old on their birthday on your Facebook or Instagram account including the hashtag #Enfagrowbday during the Contest Period and you will automatically be entered for a chance to win the month’s giveaway.
4. ENTRY LIMIT AND CONDITIONS: Limit of one (1) Entry per person (regardless of the method of Entry). Limit of one (1) prize per person. 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 use multiple names, multiple identities, multiple Accounts, multiple Requests, 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 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. The Released Parties (defined below) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules; and/or (ii) the Entry is not in compliance with these Rules (including, but not limited to, the specific Submission Requirements set out below) and/or, as applicable, the Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).
5. Drawing and Prizes: Every 20th of each month, (the “Selection Date”) in Montreal, Quebec, a drawing will be conducted to select one (1) potential winner from among the eligible entries submitted and received in accordance with these Rules during the Contest Period. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.
There is one (1) prize available to be won each month, meaning one (1) prize will be awarded at the end of the Contest Period. One (1) winner will be picked from the participants on the Selection Date day of each month. The Prize consist of a toy from Walmart with an estimated value of $40 which must be accepted as awarded and cannot be substituted, transferred or exchanged, except at the sole and absolute discretion of the Contest Sponsor, which may award a substitute prize of equal or greater value. All Prize details are the Contest Sponsor’s sole discretion.
6. The Prizes must be accepted as awarded. The Prizes may not be sold. The Contest Sponsor reserves the right to substitute each Prize in whole or in part in the event that all or any component of the Prize is unavailable. All characteristics and features of each Prize, except as otherwise explicitly stated above, are at the Contest Sponsor’s sole and absolute discretion. Prize winner is solely responsible for all costs not expressly described herein.
7. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.
By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:
i. are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
ii. do not violate any law, statute, ordinance or regulation;
iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
8. LICENSE: By entering the Contest and submitting an Entry, each entrant: (i) without limiting the Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
9. NOTIFICATION: The potential winner will be contacted, as applicable, within ten (10) business days of the Selection Date. If the potential winner cannot be reached within ten (10) business days of the Selection 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 potential Prize winner from among the remaining eligible Entries submitted and received in accordance with these Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected potential winner). The Released Parties (defined below) will not be responsible for failed attempts to contact a potential winner.
10. GENERAL: NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.
a. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the potential 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 email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return the Sponsor’s Declaration and Release Form (the “Release Form”) confirming (among other things) his/her: (i) compliance with these Rules, (ii) acceptance of the prize is awarded, (iii) agreement 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 or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity, and (iv) release of the Contest Parties, Instagram Inc., and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) (collectively, the “Released Parties”) from any liability including without limitation injury, accident, loss or damage of any kind, in connection with the Prizes or participation in the Contest. The Release Form must be returned within the time period specified on the Release Form or the Prize will be forfeited.
b. The Prize will be delivered to the confirmed winner within eight to ten weeks upon receipt of the Release Form to the address specified on the Release Form.
c. The Sponsor accepts no responsibility for loss, damage or claims caused by or resulting from the Contest or a Prize. By entering and accepting a Prize, the winner consents to the use of his/her name, address (city and province) and/or photograph/image in any form of media without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Contest. By accepting the Prize, the Winner agrees: (1) to hold harmless the Released Parties, from all liability, including but not limited to injuries or damages of any sort connected with the receipt, use or misuse or possession of the Prize, or connected in any way whatsoever with the Contest; and (2) that the Released Parties have not offered any guarantee, express, implied, or collateral in connection with the Prize. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsor reserves the right to amend, terminate or suspend all or any portion of this Contest at any time for any reason without prior notice, including the right to cancel or suspend the e-mail portion of this Contest should a virus, bug or other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Contest. In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize will be conducted from among all eligible entries received prior to the time of termination. This Contest is intended to be conducted in Canada only and shall only be construed and evaluated according to Canadian law. This Contest is null and void where prohibited by law or otherwise. This Contest is subject to federal, provincial and municipal laws and regulations. Subject only to the approval of the Régie des alcools, des courses et des jeux in Quebec, these Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Sponsor. The Sponsor accepts no liability for printing errors on materials distributed for this Contest including online.
d. The Released Parties will not be responsible for late, lost, delayed, illegible, incomplete or destroyed Entries and all such Entries are void. The Released Parties do not assume any responsibility, and will not be liable, 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. Entries that have been tampered with or altered are void. Any use of robotic, automatic, macro, programmed, third party, or like Entry methods will void all such Entries, and any entrant using any such method will be disqualified. In the event it is determined that an entrant has entered in a fashion not sanctioned by these rules and/or has submitted more than the number of entries permitted by these rules, the entrant and all of his/her Entries will be disqualified. A winner’s failure to comply with these Rules will result in disqualification, the forfeiture of all interest in the Prize, and selection of a substitute winner from among all remaining eligible Entries.
f. FOR RESIDENTS OF QUÉBEC ONLY: 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.
6. All decisions of the Contest Sponsor with respect to any aspect of this Contest, including without limitation the eligibility of Entries, are final and binding on all entrants in all matters as they relate to this Contest, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME.
7. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Entry Form, Website, or point of sale, television, print or online advertising, the terms and conditions of the Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English and French version of these Rules, the English version shall prevail, govern and control.
© 1998, 2020 Mead Johnson & Company, LLC. All Rights Reserved.
Sponsor: Mead Johnson Nutrition (Canada) Co. 900-535 Legget Drive, Kanata, Ontario K2K 3B8
Administrator: BAM Strategy 203-4810 Jean-Talon West, Montréal, Québec, Canada H4P 2N5.