The following are the rules (“Giveaway Rules”) governing the giveaway (“Giveaway”) by Evive Smoothie Inc (“Evive”), a Quebec corporation domiciled at 427-5524C Saint-Patrick street, Montreal QC H4E 1A8 in collaboration with Nikole Goncalves (“Nikole”) of HealthNut Nutrition on YouTube (collectively the “Sponsors”).
1. Eligibility. This Giveaway is open to legal residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry. Entrants must have a valid Instagram and YouTube account at the time of entry and ensure the email address associated with the account allows them to receive emails from the Sponsors. By participating in this Giveaway, entrants acknowledge compliance with, and agree to be bound by, these Giveaway Rules. Entrants who do not comply with any of the Giveaway Rules are subject to disqualification by the Sponsors, in their sole discretion.
Employees of the Sponsors, its parent, related and affiliated companies, representative or mandatary, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, giveaway administrators, any other parties engaged in the development, production or distribution of Giveaway materials, and those living in the same household may not enter the contest.
2. Giveaway Dates and Time. The Giveaway begins on March 31st 2021 at [12:00 TIME am/pm] EST and ends on April 7th 2021 [12:00 : TIME am/pm] EST (“Giveaway End Date”), after which time the Giveaway will be closed and no further entries will be considered.
3. How to Enter. No purchase necessary. You can enter by:
(a) following Nikole’s channel on YouTube at HealthNut Nutrition and @evivenutrition on Instagram; and
(b) commenting on Nikole’s video titled [What I Eat In a Day as a Busy New Mom | Easy & Healthy Meal Ideas: reference to video title] which flavour you would like to try first (lunch or smoothie).
All entries must be complete and are subject to verification by the Sponsors, in their sole discretion. Limit of one entry and only one Instagram and YouTube account per person. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Giveaway, or any other methods not authorized by these Giveaway Rules, for example, but not limited to, creating multiple Instagram, YouTube or email accounts, identities, or registrations, all in the Sponsors sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, contain false information, misdirected, or incomplete, or that do not conform with or satisfy any or all of the conditions of the Giveaway Rules are void. Entrants grant the Sponsors a non-exclusive licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrants. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
4. Giveaway Prizes. There are a total of 5 Evive boxes available as prizes to be won as follows: one Evive box worth approximately $100.00 CAD containing an assortment of frozen smoothie cubes will be shipped to each of the 5 Selected Entrants.
5. Odds of Winning. The odds of winning depend on the number of eligible entries received before the Contest End Date.
6. Skill-testing Question. Selected Entrants (as defined in Section 7) will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be sent to the Selected Entrants via email. [71L Note: example of a skill-testing question that can be used: 20 x 15 + 30 - 10 (the correct answer is 320)].
7. Winner Selection and Confirmation. On April 8, 2021 at 6pm (“Draw Date”) Nikole will conduct a random draw from all eligible entries received before the Giveaway End Date and select the potential winners (“Selected Entrants”). Selected Entrants will be deemed winners if they meet all of the eligibility criteria set out in these Giveaway Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries.
Before being declared a winner, Selected Entrants will be required to: (i) correctly answer the Sponsor’s skill-testing question; and (ii) comply with all other Giveaway Rules, all in the sole discretion of the Sponsors.
Selected Entrants will be notified within [7: NUMBER] business days of the Draw Date and will be contacted via email. Up to three attempts will be made to contact Selected Entrants within [7 NUMBER] business days following the draw. A Selected Entrant that does not or cannot accept a prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsors sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsors to receive a Selected Entrant’s response.
Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the YouTube account entered at the time of entry (Authorized Account Holder). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with a selected entry.
8. Liability limit: use of the prize. By entering the Giveaway, the Selected Entrant releases and holds harmless the Sponsors, any company, corporation, trust or other legal entity controlled by or affiliated to them, their advertising and promotional agencies, their employees, representatives and mandataries, (the “Released Parties”) from and against any damage resulting from the acceptance or use of the prize, including, without limitation, regarding any food allergy.
Liability limit: conduct of the Giveaway. The Released Parties disclaim all liability for any of the following that may limit or prevent any entrant from entering the Giveaway: malfunctioning of the application, any computer component, software or communications lines; loss or lack of a communications network; or any transmission that is faulty or incomplete, incomprehensible or erased by any computer or network. The Released Parties also disclaim all liability for any damages or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any web page or software or by the transmission of any information related to participation in the Giveaway.
9. Other Conditions. The Sponsors reserve the right, in their sole discretion, to amend or modify these Giveaway Rules or to terminate or amend this Giveaway at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Giveaway is not capable of running as originally planned for any reason, the Sponsors reserve the right to cancel the Giveaway and conduct a random draw from all previously received eligible entries received by the Giveaway End Date.
10. Personal Information. The personal information provided by the entrants for the purposes of the Giveaway will only be used by the Sponsors to administer the Giveaway and for shipping the Evive boxes to the Selected Entrants, as the case may be. No commercial or other communications unrelated to the Giveaway will be sent to entrants, unless they have otherwise agreed to receive such communications.
11. Use of Instagram. This Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram.
12. Use of YouTube. This Giveaway is not sponsored, endorsed or administered by, or associated with, YouTube. By entering the Giveaway, Entrants agree to release YouTube from any liability related to, or arising from, this Giveaway. Entries that do not comply with YouTube’s Community Guidelines will be disqualified. To read the Community Guidelines, visit: https://www.youtube.com/howyoutubeworks/policies/community-guidelines/
13. Law. This Giveaway shall be governed exclusively by the laws of the province 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 board only for the purpose of helping the parties reach a settlement.