ORVILLE® NINTENDO SWITCH™ CONTEST (the “Contest”)
Official Rules (the “Rules”)
NO PURCHASE NECESSARY. Must be age of majority in their province/territory of residence and a resident of Canada to participate. During the Contest Period, consumers can visit https://orvillecontest.ca or scan a QR code to access the Contest website and complete a form to be awarded one entry. Entry in this contest constitutes acceptance of these Official Rules. Nintendo is not a sponsor, co-sponsor or administrator of this contest.
- SPONSOR/ADMINISTRATOR: This Contest is sponsored by Conagra Brands Canada Inc. (the “Contest Sponsor”) and the Contest is being administered on behalf of the Contest Sponsor by MARS-Philter, Inc., d/b/a the Mars Agency , and Elite Digital Inc. (the “Administrators”).
- ELIGIBILITY: The Contest is open to residents of Canada who are age of majority in their province or territory of residence at the time of entry, who are not an employee, contractor, agent or representative of Nintendo, the Contest Sponsor or Contest Administrators, or their affiliates, agencies, distribution companies, prize suppliers, the Contest judge or (collectively the “Contest Parties”), or a member of the immediate family (parent, spouse, sibling, child) of, or domiciled with any of the foregoing persons.
To be eligible, participants must have online access with a valid email address as of the date of their entry. Each person can only be entered once per calendar day through any entry method. A “day” is defined as a twenty-four (24) hour time period between 12:00 am ET and 11:59:59 pm ET of the same day, except for the first day of the Contest, September 15, 2022, which shall begin at 12:00 pm ET and end at 11:59:59 p.m. ET of the same day. If the identity of an entrant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the email address by an online service provider, Internet access provider or other organization responsible for assigning the email address for the domain associated with the submitted email address is considered the authorized account holder. An entrant may be required to provide the Contest Sponsor or the Administrators with proof that they are the authorized account holder of the email address associated with the winning entry.
If you participate via a mobile device, you may incur standard data charges from your wireless service provider. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such data charges. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
- CONTEST PERIOD: Contest starts on September 15, 2022, at 12:00 pm (noon) Eastern Time (“ET”), and Contest closes February 2, 2023, at 11:59:59 pm ET (the “Contest Period”). No entries will be accepted outside of the Contest Period.
- HOW TO ENTER: Visit https://orvillecontest.ca or scan a QR code and fully complete the Contest entry form. Included in your submission, you must enter a valid UPC code from a qualifying Orville Redenbacher® product (see Exhibit A for a list of qualifying Orville Redenbacher products). A participant with a confirmed valid UPC code will receive one (1) entry into the Contest. Limit of one (1) UPC code entry per person per calendar day. Each person can only be entered once per calendar day no matter the method of entry method.All entries must be properly received and recorded by the Administrator’s computer within the Contest Period in order to be eligible for the chance to win a Prize.No other form of submitting an entry is valid other than as stated above or in Section 4. Multiple participants may not share the same email address. Participants may not enter with multiple email addresses, nor may participants use any other device to enter under multiple identities. Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in the Administrator’s sole discretion.
- NO PURCHASE NECESSARY: Purchase is not required and does not enhance a person’s chances of winning. If you wish to enter the Contest without purchase, please visit https://orvillecontest.ca/npn-entry and complete the online form including your full name, email address, a one-hundred (100) word original essay answering the question “Why I love Orville popcorn?” and confirm you are age of majority in your province or territory of residence and a resident of Canada. Limit of one (1) request per unique form submission. Limit of one (1) no purchase necessary entry per person per calendar day. Contest Administrator will validate the submission and, upon validation, will award you one (1) entry into the Contest (the “No Purchase Entry”). Each person can only be entered once per calendar day no matter the method of entry method.
- HOW TO WIN A PRIZE: Weekly Prize Draw: A random draw will be conducted at specific times as outline below during the Contest Period with the first draw being October 7, 2022 and last draw being January 27, 2023 at 2:00 pm ET at 5511 Steeles Avenue West, Toronto, ON from among all eligible entries received during the Contest Period prior to 1:59:59pm ET on the Prize Draw date (the “Weekly Prize Draw”). There will be a total of seventeen (17) Weekly Prize Draws during the Contest Period. The Prize Draws will take place on the following dates: October 7, October 14, October 21, October 28, November 4, November 11, November 18, November 25, December 2, December 9, December 16, December 23, December 30, January 6, January 13, January 20, and January 27. Three (3) entrants will be drawn during each Weekly Prize Draw for a total of fifty-one (51) potential Weekly Prize Winners. Odds of winning depend on the total number of eligible entries received during the Contest Period prior to the Prize Draw that week. All entries not selected will be rolled over into the next Weekly Prize Draw and eligible for the Grand Prize Draw. The entrant selected as eligible to win a Weekly Prize will be notified by email within three (3) business days following the Weekly Prize Draw. Weekly Prize Winners will not be eligible for the Grand Prize Draw.In addition to the Weekly Prize Draw, a random draw will be conducted on February 3, 2023 at 5511 Steeles Avenue West, Toronto, ON from among all eligible entries received during the Contest Period to select one (1) entrant eligible to win a Grand Prize (the “Grand Prize Draw”). There is a total of one (1) Grand Prize available to be won. Odds of winning depend on the total number of eligible entries received during the Contest Period. The entrant selected as eligible to win a Grand Prize will be notified by email within three (3) business days following the Grand Prize Draw.Please see the additional prize conditions in Rule 7 for conditions applicable to the Prize.No responsibility is assumed by the Contest Parties for any inability of a potential entrant to successfully enter the Contest for any reason or for any Prize that may remain unclaimed or unawarded. The Contest Sponsors are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete No Purchase requests. Proof of transmission (e.g., screenshots) does not constitute proof of receipt.See “How To Claim a Prize” for further information.
- PRIZES: There are fifty-one (51) Weekly Prizes (each a “Weekly Prize”) and one (1) Grand Prize (a “Grand Prize”) available to be won during the Contest. The details of the Weekly Prize and Grand Prize are outlined below. The number of Prizes available to be won will diminish as they are claimed throughout the Contest Period. Once the total number of prizes have been distributed, no further prizes will be available. Prizes must be accepted as awarded. Prizes are non-transferable and non-redeemable for cash. No substitutions, except by the Contest Sponsor, who reserve the right to substitute a prize with a prize of equal or greater value. Awarding of a prize is subject to verification and compliance with the Rules. Entrants who have not complied with the Rules will be disqualified. The Contest Sponsor make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. The Contest Sponsor and Contest Administrators not responsible for any Prize once it has been sent. The replacement of a missing prize is at the sole and absolute discretion of the Contest Sponsor. Any unclaimed prize will not be awarded. Prize may be forfeited if verification cannot be affected following reasonable efforts by Contest Sponsor. Limit of one (1) prize per person and/or mailing address during the Contest Period.The Weekly Prize includes:
- One (1) Nintendo Switch™ – OLED Model system and one (1) download code for a digital version of a Nintendo Switch™ game (Sponsor will provide a list of available games for winner to choose from, select titles available while supplies last.)
- “A year’s worth” supply of Orville Redenbacher® popcorn where “a year’s worth of popcorn” is defined as fifty two (52) microwaveable bags. This part of the prize will be shipped in 2 separate installments spaced approximately 6 months apart. The type of popcorn each winner receives will be determined by the Contest Sponsor at its sole discretion.
The approximate retail value of each Weekly Prize is CAD$578 (five-hundred and seventy-eight dollars).
- Three (3) Nintendo Switch™ – OLED Model systems, three (3) download codes for the digital version of three (3) Nintendo Switch games (Sponsor will provide a list of available games for winner to choose from, select titles available while supplies last.)
- Three (3) digital codes each redeemable for a twelve (12) month Nintendo Switch Online + Expansion Pass Individual Membership . Membership cannot be redeemed by Nintendo Switch Online Individual Membership, Nintendo Switch Online Family Membership and/or Nintendo Switch Online + Expansion Pass membership holders. The included Nintendo Switch Online + Expansion Pass membership will auto-renew at the then-current price at the end of 12 months. Not available in all countries. Additional restrictions apply. See nintendo.com/switch-online.
- Three (3) x a years’ worth of Orville Redenbacher® popcorn where “a years’ worth of popcorn” is defined as fifty two (52) microwaveable bags. This part of the prize will be shipped in 2 separate installments spaced approximately 6 months apart The type of popcorn each winner receives will be determined by the Contest Sponsor at its sole discretion.
The approximate retail value of the Grand Prize is CAD$1,926 (one-thousand nine-hundred and twenty-six dollars).
- HOW TO CLAIM A PRIZE:If you are selected as a potential Weekly Prize Winner or potential Grand Prize Winner, you will be sent an email to the email address associated with your entry informing you that you are a potential winner (the “Prize Claim Notification”).In order to claim a Prize, within three (3) business days from the Prize Claim Notification at the email provided, regardless of when it is received:
- the potential winner must claim his/her Prize as instructed in the Prize Claim Notification;
- the potential winner will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, which will be administered on the Declaration of Compliance and Release;
- the potential winner must sign and accept the terms of a Declaration of Compliance and Release, which confirms compliance with these Rules and releases the Contest Sponsor and Administrators from all liability with respect to the entrant’s participation in this Contest and the awarding, use and misuse of any Prize; and
- the potential winner must supply his/her complete mailing address and information to receive the Prize
- the potential winner may be asked to supply valid photo identification
- ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, entrant accepts and agrees to these Rules and all decisions of the Contest judges (who may be employees, agents or independent contractors of the Contest Sponsor or Administrators), which shall be final and legally binding on entrant in all matters relating to this Contest. All entries become the property of the Contest Sponsor and will not be returned. In order to be confirmed a winner and receive any prize, the selected entrant will be required to sign and accept the Contest Sponsors’ Declaration of Compliance and Prize Release form which confirms compliance with these Rules and releases the Contest Parties from all liability with respect to the entrant’s participation in this Contest and the awarding, use/misuse of any prize. Winners agree to the use of their name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Contest Sponsor any and all rights to said use without further notice or compensation unless prohibited by law. The Contest Sponsor and their respective affiliates are not responsible for printing, technical errors, distribution, or production errors. The Contest Parties do not warrant that access to, or use of the Contest will be uninterrupted or error-free.Entrants and/or winners assume liability for injuries caused or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, entrants agree: (a) to release the Contest Parties, the Administrator, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize , (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.
- EVENTS INTERFERING WITH CONTEST ADMINISTRATION:
- Termination, Modification or Suspension: The Contest Sponsor may, at their sole discretion and without liability to Contest entrants, terminate the Contest in whole or in part, or modify or suspend the Contest at any time without notice in the event any of the following situations arise in the Contest Sponsors’ sole opinion: any impedance or prevention of the Contest Sponsor ability to administer the Contest as planned or intended by an event beyond the Contest Sponsor control, including but not limited to an act of God, fire, flood, COVID-19, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, telecommunications equipment failure, utility-related disruptions, software viruses, software bugs, computer programming errors, terrorist threat or activity, war (declared or undeclared), any federal, provincial, territorial or local government law, order or regulation, public health crisis, pandemic, the order of any court or jurisdiction, or by any other cause not reasonably within the Contest Sponsor’s control. Without restricting the generality of the foregoing, if for any reason more entrants receive notification of eligibility to win a prize than the number of prizes stated herein, the Contest Sponsor reserve the right, in their sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of prizes stated in these Rules via a random drawing for the prizes not yet distributed at the time the Contest is terminated, suspended or amended.
- Procedure upon Early Termination: In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of prizes awarded exceed the available number of prizes as specified in these Rules.
- RELEASE: By participating in this Contest, all participants declare that they have read, understood and complied with the Rules, and for winners, consent to the use of their name, biographical information and/or likeness for the purposes of advertising and promotion without further compensation unless prohibited by law, agree to abide by all decisions by the Contest Sponsor (which are final), and agree to release, indemnify and hold harmless the Contest Parties, and each of their affiliates, directors, officers, employees, professional advisors and advertising and promotional agencies (collectively, the “Released Parties”) from any liability in connection with participating in this Contest and/or any prize awarded. The Released Parties are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant's ability to participate in the Contest. Before a prize is awarded, prize winners will be required to sign a standard declaration of compliance with the Rules and release form(s) releasing the Released Parties from any and all liability arising out of, pursuant to, or as a result of the carrying out of the Contest, including, without limitation, liability arising from the acceptance of and usage of the prizes as awarded, the administration of the Contest and the selection of a potential winner.
- GENERAL: All decisions of the Contest Sponsor shall be final. The Contest Sponsor are not responsible for errors in the offer or administration of this Contest, including but not limited to, errors in the advertising, the Contest Rules, selection of the winners or the distribution of any prize. The Contest is subject to all applicable federal, provincial, municipal and local laws. The Contest Sponsor reserves the right to modify or terminate this Contest at any time without notice to participants.
- RESIDENTS OF QUEBEC: 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 Régie only for the purpose of helping the parties reach a settlement.
- RESIDENTS OF CANADA, EXCLUDING QUEBEC: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
- CONFLICTS/DISCREPANCIES: In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.
- INTELLECTUAL PROPERTY. Nintendo trademarks and copyrights are properties of Nintendo. All intellectual property of Contest Sponsor, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the respective owner and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express prior written consent of its owner is strictly prohibited.
- SOCIAL MEDIA. This Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.
- INVALIDITY: 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 their terms as if the invalid or illegal provision were not contained herein.
ALL TRADEMARKS AND LOGOS ARE PROPERTY OF THEIR RESPECTIVE OWNERS. © 2022 Conagra Brands Canada Inc. or affiliates.
Exhibit A: Qualifying Orville Redenbacher Products
- Orville Redenbacher Original Popcorn Kernels (1 x 850 g)
- Orville Redenbacher Original Popcorn Kernels (1 x 3.6 kg)
- Orville Redenbacher Buttery Microwave Popcorn (3 x 82 g bags)
- Orville Redenbacher Buttery Microwave Popcorn (6 x 82 g bags)
- Orville Redenbacher Buttery Microwave Popcorn (10 x 82 g bags)
- Orville Redenbacher Buttery Microwave Popcorn (4 x 43 g mini bags)
- Orville Redenbacher Buttery Microwave Popcorn (8 x 43 g mini bags)
- Orville Redenbacher Buttery Microwave Popcorn (18 x 82 g bags)
- Orville Redenbacher Buttery Microwave Popcorn (24 x 99 g bags)
- Orville Redenbacher Extra Buttery Microwave Popcorn (3 x 82 g bags)
- Orville Redenbacher Extra Buttery Microwave Popcorn (6 x 82 g bags)
- Orville Redenbacher Extra Buttery Microwave Popcorn (10 x 82 g bags)
- Orville Redenbacher Extra Buttery Microwave Popcorn (18 x 82 g bags)
- Orville Redenbacher Extra Buttery Microwave Popcorn (24 x 99 g bags)
- Orville Redenbacher Light Buttery Microwave Popcorn (6 x 76 g bags)
- Orville Redenbacher Light Buttery Microwave Popcorn (10 x 76 g bags)
- Orville Redenbacher Light Buttery Microwave Popcorn (24 x 80 g bags)
- Orville Redenbacher Simply Salted Microwave Popcorn (6 x 82 g bags)
- Orville Redenbacher Smart Pop Microwave Popcorn (3 x 70 g bags)
- Orville Redenbacher Smart Pop Microwave Popcorn (6 x 70 g bags)
- Orville Redenbacher Smart Pop Microwave Popcorn (10 x 70 g bags)
- Orville Redenbacher Smart Pop Microwave Popcorn (4 x 31 g mini bags)
- Orville Redenbacher Smart Pop Microwave Popcorn (8 x 31 g mini bags)
- Orville Redenbacher Sweet & Salty Kettlecorn Microwave Popcorn (6 x 82 g bags)
- Orville Redenbacher Select White Microwave Popcorn (6 x 86 g bags)
- Orville Redenbacher Sea Salt Microwave Popcorn with Avocado Oil (5 x 77 g bags)
- Orville Redenbacher Movie Theatre Butter Ready-to-Eat Popcorn (150 g)
- Orville Redenbacher Simply Salted Ready-to-Eat Popcorn (116 g)
- Orville Redenbacher Sweet and Salty Kettlecorn Ready-to-Eat Popcorn (220 g)
- Orville Redenbacher White Cheddar Ready-to-Eat Popcorn (190 g)
- Orville Redenbacher Brown Sugar and Sea salt Ready-to-Eat Popcorn (190 g)