HERSHEY and PETRO-CANADA
“2021 Petro‑Points Hershey NBA’”
The HERSHEY and Suncor Energy Products Partnership “Premium Campaign Contest” (the “Contest”) at Petro-Canada locations, is sponsored by Hershey Canada Inc. (“Hershey”) and Suncor Energy Products Partnership (“Suncor”), (collectively, the “Sponsors”), NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”) and will be administered by Suncor (the “Administrator”).
NO PURCHASE NECESSARY. THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY WHO WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVINCE/TERRITORY OF RESIDENCE, WHO ARE IN COMPLIANCE WITH THE OFFICIAL RULES (“RULES”), AND WHO ARE REGISTERED MEMBERS OF AND IN GOOD STANDING OF THE PETRO‑POINTS PROGRAM and shall be construed and evaluated according to the laws of Canada. Entrants meeting all of these criteria will be referred to as “Eligible Entrant”. Please do not proceed unless you are a legal resident at the time of entry. By participating in the Contest, you (the “Participant”), fully and unconditionally agrees to accept these Official Rules and the decisions of the Sponsors, whose decisions shall be final and binding and non-appealable in all respects. This Contest is subject to all applicable federal, provincial, and municipal laws. Contest void where prohibited by law.
Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. The Sponsors reserve the right to make changes to the Contest at any time, with or without notice, in their sole discretion, for any reason whatsoever.
Subject to applicable laws, these Rules govern all aspects of the Contest including the Contest materials and are binding upon all Participants. In the event of any inconsistency between the Rules and the conditions and explanations appearing on any other documents, including the Contest materials, these Rules shall take precedence.
CONTEST PERIOD: The Contest begins on October 26, 2021 at 12:00:01 am Eastern Time (ET) and ends on January 3, 2022 at 11:59:59 pm ET (the “Contest Period”).
ELIGIBILITY: This Contest is open to legal residents of Canada only who have reached the age of majority in their province/territory of residence, who are in compliance with the Rules, and who are registered members of and in good standing of the Petro‑Points program. Employees of the Sponsors, the Administrator, NBA Entities or their respective head office and branch offices, distribution centres, their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, administrators, advertising and promotion agencies, prize suppliers, agents, store operators and their employees, any entity that has been contracted with specific to this Contest and their respective immediate household/family members are NOT eligible to participate in the Contest. Immediate household/family members is defined, for these purposes, as including spouse, parents, children, siblings, and each of their respective spouses, and/or those persons with whom any of the above are domiciled (whether related or not).
HOW TO ENTER THE GRAND PRIZE DRAWS: All entries must be received by January 3, 2022 at 11:59:59 PM EST on (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
Every time an Eligible Entrant makes a purchase that includes two (2) participating Petro‑Points Eligible Products (as provided below) at any participating Petro‑Canada station in Canada during the Contest Period, the Eligible Entrant automatically qualifies for one (1) ballot into the Prize Draw (as defined below) (“Purchase Entry”).
Participating Petro‑Points Eligible Products are defined as Hershey king bars (Reese’s, Oh Henry!, Hershey’s). Refer to rule 12 for a list of Participating Petro‑Points Eligible Products (the “Participating Products”). Some sizes or products may not be available at all stores.
To qualify and be eligible for a ballot via a Purchase Entry, Eligible Entrants must present their Petro‑Points card (“Petro‑Points Card”) or pay with an RBC debit or credit card that has been linked to a Petro‑Points card at the time of the purchase transaction during the Contest Period.One (1) ballot will be awarded per qualifying Purchase Entry even if more than two (2) Petro‑Points Eligible Products are purchased at the same time. No purchase is necessary to enter the Contest Prize. (See Rule below).
NO PURCHASE ENTRY. No purchase is necessary to win a Prize. Eligible Entrants may submit an entry for the Contest without making a purchase transaction (the “No Purchase Entry”) and be eligible for a chance to win a Prize by sending by mail a hand-written, original (not mechanically reproduced), distinctly worded, 25 word or more description of why the Eligible Entrant likes Petro‑Points, which must include the Eligible Entrant’s Petro‑Points number, to: 2021 Petro‑Points Hershey NBA Contest, 20440 Simcoe Street, Seagrave, Ontario, L0C 1G0. Entries must be postmarked on or after October 26, 2021 and no later than January 3, 2022 and must be received no later than the Prize Draw date. Limit of one (1) ballot per envelope with sufficient postage. All No-Purchase Entries will bear the same odds of winning a Prize as Purchase Entries. The Sponsors are not responsible for lost, stolen, or destroyed No Purchase Entries.
PRIZES AND DRAW:
Grand Prize: There are three (3) Grand Prizes (the “Prizes”) available to be won. Prizes will be awarded by a random computer-generated draw conducted by Suncor at the time and location stated in the “Prize Draw” section below. The Prizes must be accepted as awarded. No cash alternatives, substitutions or transfers of a Prize will be allowed. The Prizes will be awarded within four (4) to six (6) weeks of the Prize Draw. Once the Prizes have been awarded, the winner will have no further recourse against the Sponsors. The approximate retail value of one Grand Prize is one thousand six hundred fifty Canadian Dollars ($1,650 CAD). Each of the selected Eligible Entrants, who have complied with all of the requirements of these Rules, will be deemed to be a Grand Prize winner.
Subject to the approval of the Régie des alcools, des course et des jeux in Quebec, the Sponsors, in their sole discretion, reserve the right to: (i) substitute all or any portion of the Prizes with another prize or portion thereof of equal or greater value, (ii) limit the number of Prizes awarded to the same person, email address, or physical address and (iii) modify any other awards, discounts, associated quantities and award schedule at any time during the Contest. Under no circumstances will the Sponsors be responsible for awarding and/or redeeming any items in excess of the Prizes and their respective quantities as listed above.
Each Prize consists of:
- NBA Store.ca $1,000 Gift Card
- Petro-Canada $500 Gift Card
- 1 Year supply of Hershey’s favourites: Ninety (90) Oh Henry! Level Up Bars 42g, Ninety-six (96) Reese Peanut Butter Cups 46g, Seventy-two (72) Hershey’s Cookies’N’Creme
SELECTION OF PARTICIPANTS:
The Prizes will be awarded by an algorithm (computer program) that simulates a random draw (the “Random Draw”). Any attempt to manipulate or tamper with the winner selection system or the database of entries will result in disqualification and possible criminal prosecution.
The odds of winning a Prize depend on number of entries received during the contest period.
A draw for the Prizes will be made by a random computer-generated selection at 20440 Simcoe Street, Seagrave, ON, on January 17, 2021 at 2:00 pm ET from all entries registered during the Contest Period (the “Prize Draw”). The selected Eligible Entrant will be contacted by email or telephone by the Administrator and/or its designated representatives. The selected Participant will be required to correctly answer a time-limited mathematical skill-testing question administered by the Administrator and/or its designated representatives via phone in order to win. If the Administrator and/or its designated representatives is unable to get in touch with and get a personal response from the selected Eligible Entrant within five (5) business days of the Prize Draw or if, within that same period, the Administrator and/or its designated representatives are unable to proceed to administer the skill testing question, then another Eligible Entrant will be randomly selected for the opportunity to win the Prize and the initially selected Eligible Entrant will be disqualified, his/her right to the Prize will be forfeited and that selected Eligible Entrant will have no further recourse towards Sponsors or anyone else involved in the Contest.
The selected Participant may be required to do any or all of the following: (i) supply proof of identification in a form acceptable to the Sponsors for verification of age and address, and (ii) verify they are the Petro-Points account owner for the account associated with their entry. The selected Participant will also be required to sign and return the Sponsor’s declaration and release form (the “Release Form”), which (among other things): (i) confirms compliance with these Rules and acceptance of the applicable Prize as awarded without substitution; (ii) releases the Sponsors, NBA Entities, their respective affiliated and related companies, the prize suppliers, advertising and promotional agencies, the independent contest judging organization and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assignees from any liability in connection with this Contest, the selected Participant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) 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 the Sponsors in any manner whatsoever, including print, broadcast or the Internet. The Release form will be sent via email and must be filled out and returned electronically with proof of age (if requested by Sponsor) within five (5) business days of receipt. The Sponsors and their agents assume no responsibility for lost, stolen, delayed, illegible, damaged, misdirected, late, or otherwise void Release Forms.
Declining the Prize, failing to correctly answer the mathematical skill-testing question or failing to return the properly executed Release Form within the time period indicated on the Release Form will cause the Prize to be forfeited and a new Random Draw held in accordance with the process for the applicable Prize, as described above in “Selection of Participants”.
Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, forged, falsified, altered or tampered with in any way. All prize claim and related forms become the property of the Sponsors.
In most cases, Prizes will be delivered to winners at the address submitted within four (4) to six (6) weeks of receiving their correctly completed prize claim form and proof of age. The Sponsors are not responsible for contacting or forwarding prizes to winners who provide unclear or incomplete information, or for prizes lost, misdirected, delayed or destroyed while in transit.
USE OF PERSONAL INFORMATION: By participating in the Contest, Participants, if winners, consent to the use of their name, city of residence, photographs and/or images for publicity purposes in all media carried out by the Sponsors and NBA Entities in respect of this Contest without payment or compensation or liability for use of same.
The Sponsors and the Administrator commit themselves to collect and use the personal information requested from Prize winners, such as name, phone number, and province/territory in regard to the Contest, solely and exclusively for: (i) the purposes of Prize redemption and delivering the Prize as provided for in the Rules; and (ii) in the case of the Sponsors, when consent has been given in accordance with Canada’s Anti-Spam Legislation, to promote and to market additional products and services offered by the Sponsors.
The Sponsors and the Administrator will never, rent, sell or otherwise communicate or give out your personal information to any other person without your prior consent, which you may refuse or withdraw at any time. Please refer to the Sponsors’ online privacy policies at https://www.petro-canada.ca/en/legal-privacy and https://www.hersheys.com/en_us/privacy-policy.html.
LIMITATION OF LIABILITY: By participating in the Contest, you release without limitation the Sponsors, NBA Entities, the Administrator, and their respective affiliated and related companies, advertising and promotional agencies, the Prize suppliers, the independent contest judging organization (if any) and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (the “Releasees”) from any liability in connection with this Contest, the selected Participant’s participation therein and/or the awarding and use/misuse of any Prize or portion thereof.
Without limiting the generality of the foregoing, the Sponsors are not responsible or liable for: (i) incorrect or inaccurate entry of registration or entry information which may affect a Participant’s ability to participate in the Contest; (ii) human errors, technical malfunctions, lost/delayed/corrupted data transmissions, omissions, interruptions, deletions, defects, line failures of any communications network, computer equipment, software or any combination thereof; (iii) any inability of a Participant to access the website, or damage to a user's system occasioned by participating in the Contest; and (iv) entries which fail to fully comply with these Rules. Entries and Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
Neither the Sponsors nor the Administrator are responsible for contacting or forwarding Prizes to winners who leave unclear or incomplete information, or for Prizes lost, misdirected, delayed or destroyed while in transit from the Sponsors' premises. All Prize claims and related forms become the property of the Sponsors.
SUSPENSION OR TERMINATION OF CONTEST: Subject to the approval of the Régie des alcools, des course et des jeux in Quebec, the Sponsors and associates and agents authorized to act on their behalf, reserve the right, in their sole discretion and without notice to cancel, suspend, or modify the Contest, portions of the Contest, or Participants’ eligibility for any reason, including without limitation in the event of any printing, administrative error, virus, bug, unauthorized human intervention, tampering, fraud, equipment failure, security breaches or other causes which corrupt or affect the administration, security, fairness or proper conduct of the Contest. Any attempt to deliberately damage or tamper with the Contest, interfere with the proper administration of the Contest or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, the Sponsors and the Promotion Group reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal and/or civil prosecution.
GENERAL: These Official Rules are available online at: www.petro-canada.ca/HersheyContest. All Entrants agree to abide by the Official Rules, which are subject to change at any time at the sole discretion of the Sponsors, and with the consent of the Régie des alcools, des courses et des jeux in Quebec, and by the decisions of the Sponsors, which are final and binding in all respects.
These Rules shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, as applicable therein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action arising out of or connected with these Rules shall be resolved individually, and exclusively by the courts in Ontario. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
A Prize claim is subject to verification by the Administrator and/or its designated representatives. Entries made with multiple addresses, under multiple identities, through the use of any device or artifice to enter multiple times or entries that are in excess of the permitted number of entries for the Contest Period are automatically void. All purchase transaction receipts obtained through unauthorized sources or which are deemed by the Administrator to be illegible, mutilated, altered, reproduced, forged or irregular in any way, are automatically void. The Administrator will be the sole and final reference source in validating the Prize claim.
If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the primary Petro‑Points Member as identified in the Petro‑Points database as provided at time of entry.
Purchase transactions of Participating Petro Points Eligible Products, where payment is made at a participating Petro‑Canada via manual purchase transaction (in the event the system is down), are not automatically eligible transactions in the Contest. Petro‑Points Members may submit the transaction as a manual purchase entry into the Contest, by sending the original (not mechanically reproduced) register receipt along with the Eligible Entrants Petro‑Points number to: ‘2021 Petro‑Points Hershey NBA’ Contest, 20440 Simcoe Street, Seagrave, Ontario, L0C 1G0. Entries must be postmarked on or after October 26, 2021 and no later than January 3, 2022 and be received no later than the Prize Draw date. Limit of one (1) ballot per purchase transaction. All manual purchase entries will bear the same odds of winning the Prize as other Purchase entries.
In the event that the computerized system is unable to fully process the purchase transaction while the Eligible Entrant is at the participating Petro‑Canada station (due to system problems), the purchase transaction will still be eligible to participate in the Contest. The purchase transaction will be subsequently processed through the Contest computer system. The Sponsors assume no responsibility for lost, stolen, delayed, damaged or misdirected claims or for any failure, or for any problems or technical malfunction of any telephone network or lines, or computer system during the promotional period.
QUEBEC RESIDENTS 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 Régie only for the purpose of helping the parties reach a settlement.
NBA: For the avoidance of doubt, The National Basketball Association (“NBA”) is neither a sponsor nor partner of this Contest and bears no liability in connection with the Contest, its administration or fulfillment of Prizes.
All registered and unregistered trademarks presented are owned by their respective owners and used with permission.
™ Petro‑Canada, the Petro‑Canada logo and Petro‑Points™ are trademarks of Suncor Energy Inc. Used under licence.
LIST OF PARTICIPATING PRODUCTS:
VALID UPC PARTICIPATING PRODUCT DESCRIPTION 0 56600 61076 7 HERSHEY'S WHOLE ALMOND Milk Chocolate Bar 65g 0 68000 61079 7 HERSHEY'S Cookies 'n' Crème 73g 0 68000 76230 4 OH HENRY! King Size 85g 0 68000 79280 6 OH HENRY! King Size Peanut Butter 85g 0 68000 79602 6 OH HENRY! Level Up King Size 63g 0 56600 76039 4 REESE Big Cup PEANUT BUTTER CUPS Candy, King Size, 79g 0 56600 79324 8 REESE PEANUT BUTTER CUPS Candy- King Size, 62g 0 56600 79330 9 REESE’S STICKS King Size Candy, 85g 0 56600 79337 8 REESE’S Big Cup stuffed with PIECES King Sized Candy Bar, 79g 0 56600 79371 2 REESE’S Big Cup stuffed with Potato Chips King Sized Candy Bar, 73g
The NBA and NBA member team identifications are the intellectual property of NBA Properties, Inc. and the respective NBA member teams. © 2021 NBA Properties, Inc. All Rights Reserved.