2023 Petro-Points Nestlé Contest
October 24, 2023 at 12:00 am ET to January 1, 2024 at 11:59:59 pm ET (the “Contest Period”)

OFFICIAL RULES

No Purchase Necessary to enter for a chance to win (See Rule 3.13)

1. HOW TO PARTICIPATE

1.1 Sponsors: The sponsors of this contest are Suncor Energy Products Partnership (“Suncor”) and Nestlé Canada Inc. (“Nestlé”) (collectively, the “Contest Sponsors”).

1.2 Eligibility: The 2023 Petro-Points Nestlé Contest (“Contest”) is open to residents of Canada only:
1.2.1 who have reached the age of majority in their province/territory of residence;
1.2.2 who are in compliance with the Official Rules (“Rules”), including, but not limited to, Rule 1.5;
1.2.3 who are registered members of and in good standing of the Petro-Points program.

Entrants meeting all of these criteria will be referred to as “Eligible Entrant”.

The following individuals are not eligible to participate in the Contest:

1.2.4 employees, directors, officers and retirees of Nestlé, Suncor, and their respective parents, subsidiaries, affiliates, franchisees, agents, associates, dealers, representatives, advertising and promotional agencies;
1.2.5 members of the immediate family (husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law ) of the individuals outlined in 1.2.4 and
1.2.6 any person domiciled with the individuals outlined in 1.2.4 and 1.2.5.

1.3 Contest Period and Entry: All entries must be received by January 1, 2024 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 three participating Petro-Points Eligible Products (as provided below) at any participating Petro-Canada station in Canada during the Contest Period (“Purchase Entry”), the Eligible Entrant automatically qualifies for one (1) ballot into the Prize Draw (as defined below).

Participating Petro-Points Eligible Products are defined as Nestlé single candy bars, see Section 4 - Appendix below. 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 a 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.

1.4 Contest Entry Restrictions: One (1) ballot will be awarded per qualifying Purchase Entry even if more than three Petro-Points Eligible Products are purchased at the same time. No purchase is necessary to enter the Contest Prize. (See Rule 3.13).

1.5 Awarding of Prize: Subject to the Rules of the Contest, the Prize will be awarded to the Eligible Entrant whose name and address appears on Suncor’s Petro-Points database for the Petro Points Card, or for the Petro-Points Card that has been linked to a RBC credit or debit card, that was used on the potentially winning purchase transaction or No Purchase Entry. This awarding is irrespective of the name appearing on the credit card or direct payment debit card that may have been used as the form of payment for the potentially winning purchase transaction. Purchase Entries who have been issued Petro-Points Cards without a name on the Card are eligible to enter the Contest, with the Eligible Entrant whose name and address for such Petro-Points Card appears on Suncor’s Petro-Points database being the person eligible to win the Prize.

2. PRIZE

2.1 The Grand Prize will be awarded by a random computer-generated draw conducted by Suncor at the time and location stated in Rule 2.4 below. The Prize must be accepted as awarded. No substitutions or transfer of the Prize will be allowed. The Prize will be awarded within four (4) to six (6) weeks of the Prize Draw. Once the Prize has been awarded, the winner will have no further recourse against the Contest Sponsor.

There is one Grand Prize (as defined below) available to be won during the Contest Period. The selected Eligible Entrant, who has complied with all of the requirements of these Rules, will be deemed to be the Grand Prize winner.

The Grand Prize consists of:

A. One (1) cash prize of $5,000 CND

GENERAL PRIZE CONDITIONS:

The Prize winner acknowledges that the Contest Group (as defined below) has not made or are not in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The Contest Group shall not be liable for injury, loss, or damage of any kind, including death, resulting from the acceptance or use/misuse of the Prize, travel related thereto or otherwise from participation in the Contest.

2.2 Prize Draw Method: The Prize will be awarded by a random computer generated draw (See Rules 2.3 through 2.5).

2.3 Odds: The odds of winning a Prize depend on the actual number of eligible entries received during the Contest Period.

2.4 Prize Draw: A draw for the Prize will be made by a random computer-generated selection at 20440 Simcoe Street, Seagrave, ON, on January 16, 2024 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 Contest Sponsor or its representative. If the Contest Sponsor 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 Contest Sponsor or their representative are unable to proceed to administer the skill testing question under the procedure provided for in section 2.5 hereafter, 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 Contest Sponsor or anyone else involved in the Contest.

2.5 In order to win the Prize, the selected Eligible Entrant must correctly answer a time-limited, mathematical skill-testing question to be administered by telephone by the Contest Sponsor’s representative, and he or she will be required to sign and return a standard Declaration and Release Form (the “Declaration and Release Form”) confirming compliance with the Rules, the Eligibility Requirements, if applicable, acceptance of the Prize as awarded, and releasing Contest Group from all liability. No substitution for, or transfer of the Prize, will be allowed. The selected Eligible Entrant will have five (5) business days to return the Declaration and Release Form upon receipt by email to the Contest Sponsor’s representative. If the selected Eligible Entrant does not do so, another Eligible Entrant will be randomly selected for 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 Contest Group or anyone involved in the Contest.

3. GENERAL RULES

3.1 A Prize claim is subject to verification by the Contest Sponsor and/or their 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 Contest Sponsor to be illegible, mutilated, altered, reproduced, forged or irregular in any way, are automatically void. The Contest Sponsor will be the sole and final reference source in validating the Prize claim.

3.2 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.

3.3 Purchase transactions of 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: ‘2023 Petro-Points Nestlé’ Contest, 20440 Simcoe Street, Seagrave, Ontario, L0C 1G0. Entries must be postmarked on or after October 24, 2023 and no later than January 1, 2024 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.

3.4 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. Contest Sponsor assumes 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.

3.5 By participating, each Eligible Entrant and the Prize winner agrees:

3.5.1 to be bound by these Rules and the decisions of Contest Sponsors,
3.5.2 to the collection and use of his/her personal information by Contest Sponsors for Contest related purposes,
3.5.3 to release and hold harmless Contest Sponsors, their affiliates, subsidiaries, partners, and independent contractors, and each of their respective directors, officers, employees, agents and representatives including advertising and promotion agencies (collectively, the “Contest Group”), from any and all liability for any claims/damages whatsoever with respect to acceptance, possession, use or misuse of the Prize, and/or entry or attempt to enter the Contest,
3.5.4 to permit Contest Sponsors to use his/her name, photograph, the details on his/her entry, city, province/territory of residence, and/or declarations regarding the Prize for advertising or publicity purposes without any compensation,
3.5.5 for the Prize winner, to sign a Declaration and Release Form to this effect, and
3.5.6 for greater certainty, as prize provider, Nestle will have no liability or responsibility for any claim arising in connection with the contest participation or discrpency in the way these rules are written. Nestlé hereby confirms that they are only the prize provider in this circumstance.

3.6 The decisions of Contest Sponsor in relation to this Contest, will be final and binding on all Contest entrants, subject to what is otherwise provided in these Contest Rules.

3.7 The Contest Sponsor shall not be responsible for incorrect or inaccurate transcription or registration of Contest entry information, technical malfunctions, lost / delayed / incomplete / interrupted / misdirected / stolen / illegible / deleted data / network transmissions, line failures of any telecommunication network, failure of computer equipment, software, websites, inability to access any online service or web site, inability to submit the Entry or any other malfunction or human or technical error, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest, or for late, lost, stolen, postage due, illegible, undelivered or misdirected entries.

3.8 The Contest Sponsor reserves the right to cancel, terminate, or suspend this Contest, at their sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest, subject, in Quebec, to the approval of the Régie des alcools, des courses et des jeux. 3.9 If a selected Eligible Entrant is awarded the Prize due to a system error, malfunction or defect or human error, the Prize will be re-awarded.

3.10 Under no circumstances will the Contest Sponsor be required to award more prizes than indicated in these Rules or to award a Prize otherwise than in accordance with these Rules. 3.11 Subject only to the Quebec jurisdiction of the Régie des alcools, des courses et des jeux where applicable, the Contest Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.

3.12 The Contest is subject to all Federal, Provincial and local laws, as well as the rules adopted in view of said laws. For non-Quebec residents: All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario 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. 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 du Quebec 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.

3.13 No Purchase Entry: No purchase is necessary to win the Prize. Eligible Entrants may submit an entry for the Contest without making a purchase transaction and be eligible for a chance to win the 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: 2023 Petro-Points Nestlé Contest, 20440 Simcoe Street, Seagrave, Ontario, L0C 1G0. Entries must be postmarked on or after October 24, 2023 and no later than January 1, 2024 and must be received no later than the Prize Draw date. Limit of one (1) ballot per envelope with sufficient postage. All mail-in entries will bear the same odds of winning the Prize as regular Petro-Points Eligible purchase transactions.

3.14 If a paragraph of these Rules is declared illegal, non-executable or null by a competent court, then this paragraph will be considered void, but all unaffected paragraphs will be applied within the limits of the law.

3.15 In case of any discrepancy between the French and English versions of these Rules, the English version shall prevail.

3.16 Privacy: Nestlé respects your right to privacy and works at all times to comply with all applicable data protection and privacy laws. Except as expressly set out in these Rules, in Nestlé’s Privacy Policy (available at https://www.madewithnestle.ca/privacy-policy), or as otherwise agreed to by you, any personal information provided in connection with this Contest will only be collected, used and disclosed by Nestlé and its third party partners and service providers for the purposes of administering and conducting this Contest, including, without limitation, verification of eligibility and identity and awarding and delivering Prizes. Please note that personal information provided as part of this Contest may be collected in, transferred to and processed and stored in jurisdictions outside of Canada. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by regulatory authorities. Nestlé will not sell, share or otherwise disclose personal information provided in connection with this Contest to or with third parties or agents, other than to third parties or agents engaged by Nestlé to fulfill the above purposes or as permitted or required by the applicable laws.

4. APPENDIX – PARTICIPATING PRODUCTS

KITKAT Chunky Popcorn

KITKAT 4 Finger 45g

AERO Milk Regular 42g

COFFEE CRISP Regular 50g

AERO Peppermint 41g

SMARTIES regular 45g

BIG TURK 60g

CRUNCH 44g

ROLO 10 piece 52g

MIRAGE 41g

TURTLES 3 piece 50g

AERO White 42g

MACKINTOSH Toffee Bar 45g

KITKAT White 4 finger 41g

KITKAT 4F Green Tea 35g

COFFEE CRISP Thins 36g

KITKAT CHUNKY Milk 49g

KITKAT CHUNKY Cookie Dough 52g

KITKAT CHUNKY Caramel 55g

AERO Gold 42g

KITKAT 4F Gold 45g

AERO MILK/DARK REG 42g

COFFEE CRISP Double Double 50g

™Petro-Canada, the Petro-Canada logo and Petro-Points™ are trademarks of Suncor Energy Inc. Used under licence. All Nestlé trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland and used under licence. ©2023 Nestlé.