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KD TOP CHEESE CONTEST 2020

OFFICIAL CONTEST RULES

  1. WELCOME: The KD Top Cheese Contest 2020 (the “Contest”) is sponsored and administered by Kraft Heinz Canada ULC, 95 Moatfield Drive, North York, ON M3B 3L6 (the “Sponsor”).
  2. CONTEST PERIODS: The Contest begins February 1, 2020, at 12:01 am EST and ends June 30, 2020, at 11:59 pm EDT (“Contest Period”). Entries must be submitted between February 1, 2020, at 12:01 am EDT and May 31, 2020, at 11:59 pm EDT (“Grand Prize Entry Period”) to be eligible for the Grand Prize. Entries submitted by the end of the Contest Period are eligible for an Instant Win Prize.
  3. ELIGIBILITY: The Contest is open to legal residents of Canada who have reached the age of majority in the province or territory in which they reside as of their date of entry in the Contest (“Entrant” or “Entrants”). The Contest is not open to:
    1. employees, officers and directors of the Sponsor, the National Hockey League (“NHL”), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities, collectively, the “NHL Entities”), and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies (collectively, “Promotion Parties”), representatives or agents, as applicable; and
    2. the immediate family members (regardless of where they live or with whom they are domiciled) of a person excluded under (a) (whether related to that person or not). For the purposes of these Official Contest Rules, “immediate family” includes husband, wife, spouse, partner, mother, father, brothers, sisters, sons, and/or daughters.
  4. HOW TO ENTER: NO PURCHASE NECESSARY.
    1. REGULAR ENTRY: To enter, an Entrant must:
      1. purchase a specially marked four (4) or twelve (12) pack bundle of KD macaroni and cheese, original variety, 225 g (“KD Pack”);
      2. log on to www.KDTopCheese.ca (the “Contest Website”) and complete the entry form (the “Entry Form”) by providing your name, daytime phone number, email address; mailing address; select your age; agree to the Official Contest Rules;
      3. enter the PIN code found inside the KD Pack (the “PIN”); and
      4. Correctly answer without assistance of any kind, mechanical or otherwise, the mathematical skill-testing question.
        Once completed, click “Submit” to (i) receive one (1) entry (the “Entry”) in the Grand Prize draw provided you entered during the Grand Prize Entry Period and (ii) reveal if you are the potential winner of an Instant Win Prize.
    2. NO PURCHASE ENTRY: To obtain a PIN without purchase, an Entrant must request a PIN by mail (the “No Purchase Request”). On a plain piece of paper, clearly print your full name, mailing address including postal code, date of birth, daytime phone number, and include an original, hand written essay of no more than 250 words and no less than 50 words answering the following question: What is your favourite thing to do while you eat KD macaroni and cheese? Send along with a self-addressed, stamped envelope and mail it with sufficient postage to: KD Top Cheese Contest 2020, PIN request-dept. 4074, Box 9500 Lakeshore West PO, Oakville, ON L6K 0G3. Limit of one (1) unique PIN mail-in request per outer envelope with sufficient postage. Each essay must be unique. Once mail-in request has been received, you will be mailed a No Purchase PIN (the “NP PIN”) in order to enter the Contest online as described above. No Purchase Requests must be received by June 23, 2020, to allow sufficient time for postage.
    To be eligible for the Grand Prize, Entries must be submitted during the Grand Prize Entry Period. All Entries submitted during the Grand Prize Entry Period are eligible for Instant Win Prizes.
  5. ENTRY LIMITS: Entries are unlimited per person regardless of method of entry. Limit of one (1) Entry per unique PIN or NP PIN code.
  6. HOW TO WIN:
    1. INSTANT PRIZE WINNER: Upon submitting a valid PIN or NP PIN into the Contest and the correct answer to the mathematical skill-testing question, an Instant Win Prize message (the “Prize Message”) will reveal if you are the potential winner of an Instant Win Prize (the “Potential Instant Prize Winner”). Entries not selected as a potential Instant Prize Winner remain eligible for the Grand Prize draw (if received during the Grand Prize Entry Period).
    2. GRAND PRIZE WINNER: One random draw will be conducted by the Sponsor’s agent at 12:00 pm EDT on June 4, 2020 in Oakville, Ontario, from all eligible Entries received during the Grand Prize Entry Period to determine the potential Grand Prize winner (“Potential Grand Prize Winner”).
  7. HOW TO CLAIM A PRIZE:
    1. INSTANT WIN PRIZES: Instant Win Prize Winners will be notified instantly online and will receive a confirmation email no later than one (1) business day following online notification. Coupon Instant Win Prizes (see rule 9) will appear directly on the Prize Message screen online and must be printed in order to redeem in-store. NHL Gift Codes (see rule 9) will be emailed to the Instant Win Prize Winner’s email entered on his/her Entry Form within four (4) to six (6) weeks of receiving the Prize Message. The Socks, Cutlery Set, and Patch will be shipped to the address indicated on the Instant Win Prize Winner’s Entry Form within four (4) to six (6) weeks of receiving the Prize message.
    2. GRAND PRIZE WINNER: The Potential Grand Prize Winner will be notified by phone or email no later than June 7, 2020 (“Notification”). The Potential Grand Prize Winner will be required to: (i) correctly answer a time-limited mathematical skill-testing question without assistance, or mechanical or electronic aid within two (2) business days of Notification; and (ii) agree and return within two (2) business days a declaration and release form (“Declaration”) confirming, among other things, compliance with the Official Contest Rules and acceptance of the Grand Prize as awarded. The Guest of the Grand Prize Winner will also be required to sign a liability and publicity release (the “Release”), which must be returned by the date indicated on the Release.
      The Sponsor, in its sole discretion, reserves the right to select another Entrant should a selected Entrant fail to do the aforementioned, or if found ineligible for any reason.
  8. ODDS:

    GRAND PRIZE: The odds of winning the Grand Prize (defined below) depend upon the number of eligible Entries received during the Grand Prize Entry Period.

    INSTANT WIN PRIZES: At the onset of the Contest, there will be ten-million three hundred and sixty thousand (10,360,000) PINs distributed inside KD Packs in-store and five hundred (500) NP PINs distributed through the No Purchase Entry (see rule 4) and a total of one-million two hundred ninety four thousand nine hundred and ninety six (1,294,996) Instant Win Prizes available to be won. Instant Win Prizes will be randomly seeded on the Contest Website. Odds of winning an Instant Win Prize are initially 1 in 8 and depend on time of entry. Chances of winning diminish as prizes are awarded throughout the Contest Period. Any Instant Win Prizes that are not won during the Contest Period will go unawarded.

  9. PRIZES/APPROXIMATE RETAIL VALUES (“ARVs”): The following prizes are available to be won. All references to money are in Canadian currency.
    1. INSTANT WIN PRIZES: There are one-million two hundred ninety four thousand nine hundred and ninety six (1,294,996) “Instant Win Prizes” available to be won, which are as follows:

       

      INSTANT WIN PRIZE DESCRIPTION

       

       

      # OF INSTANT WIN PRIZES AVAILABLE

      APPROXIMATE RETAIL VALUE PER INSTANT WIN PRIZE (the “ARV”)

      Kraft Heinz Canada coupon valid for FREE KD macaroni and cheese (up to $2.50 value), 225g, assorted variety (the “Coupon”).

      1,283,578

      $2.50

      $100.00 NHLShop.ca gift code (each gift code is subject to terms and conditions) (the “NHL Gift Code”).

      648

      $100

      KD-branded Socks (the “Socks”)

      2,694

      $5.00

      KD-branded Cutlery Set (the “Cutlery Set”)

      4,278

      $2.00

      KD-branded Patches (the “Patch”)

      3,798

      $3.00

      Total ARV of all Instant Win Prizes is $3,307,165 (CAD). The number of Instant Win Prizes available to be won will diminish as Instant Win Prizes are claimed throughout the Contest Period.
    2. GRAND PRIZE: There is one (1) “Grand Prize” available to be won, which consists of:
      1. two (2) tickets for the Grand Prize Winner and one (1) guest (“Guest”) to attend the 2020 NHL AwardsTM on a date to take place in June 2020 in Las Vegas, NV (“Awards Show”);
      2. five hundred dollars $500.00 (CAD) in spending money (awarded to Grand Prize Winner in the form of a cheque);
      3. one (1) round-trip flight (economy) for the Grand Prize Winner and Guest, to be used exclusively for the purpose of attending the Awards Show (“Flights”). Flights shall depart from the major Canadian airport nearest to the Grand Prize Winner’s residence, as selected by Sponsor;
      4. two (2) nights’ accommodation for the Grand Prize Winner and Guest in a standard hotel selected by Sponsor (one room, double occupancy) for the sole purpose of attending the Awards Show (“Hotel”);
      5. Round trip ground transportation between the airport and the hotel; and
      6. Round trip ground transportation between the hotel and the Awards Show.

      ARV of the Grand Prize, based on sample departure from St. Johns, NL to Las Vegas, NV for Grand Prize Winner and Guest is $7,500.00. Actual values of the Grand Prize will vary depending on point of departures and destination (as applicable), airfare fluctuations and supplier estimates. See Rule 10 – GRAND PRIZE CONDITIONS AND EXCLUSIONS for more information.

  10. GRAND PRIZE CONDITIONS AND EXCLUSIONS: Grand Prize Winner and Guest must travel on the same itinerary.

    Return ground transportation between the Grand Prize Winner’s destination airport and Hotel, as well as between the Hotel and where the Awards Show will take place is included. Return ground transportation between the Grand Prize Winner’s residence and the departure airport will not be provided.

    If the Grand Prize Winner’s residence is situated within a 160 km radius of the destination of the applicable Grand Prize, or otherwise in a location where Flights are not required or available, Sponsor in its sole discretion may make alternative arrangements for travel, including but not limited to awarding ground transportation in lieu of Flights, and no compensation or substitution will be provided for difference in prize value of Flights.

    If the Guest of the Grand Prize Winner is a minor in the province or territory where he/she resides, and where the Grand Prize Winner is not the parent/legal guardian of said minor, the minor’s parent(s)/legal guardian(s) must provide written consent as required by the Sponsor to permit the minor to travel as a Guest of the Grand Prize Winner.

    If the Grand Prize Winner cannot travel for any reason whatsoever, including but not limited to: inadequate travel documentation, cannot travel within the specified travel times provided, inability to travel due to health reasons, etc., at the Sponsor’s discretion, another eligible Entrant may be selected and/or the Grand Prize may not be awarded.

    The Grand Prize Winner and Guest will be responsible for all other expenses not specified herein, including but not limited to: travel and medical insurance, baggage check, gratuities, meals and transportation costs not specified or provided in the Grand Prize, telephone calls, in-room charges, applicable taxes (including Airport Improvement Taxes, if collected at the time of departure), incidentals, and any and all other expenses not specified in the description of the Grand Prize.

    The Grand Prize Winner should have a valid major credit card to present to the Hotel upon check-in and will be held solely responsible for any damages caused to the Hotel room provided, including physical or material damages, as well as infractions involving smoking. Grand Prize Winner and Guest will also be solely responsible for any and all additional charges incurred, including but not limited to food, beverage, and in-room entertainment. Grand Prize Winner and Guest must comply with any Hotel requirements and rules. The Grand Prize Winner and Guest are responsible for ensuring that all travel papers (passports, visa, etc., if applicable) are in good order, and are valid prior to, and for the entire duration of the Grand Prize.

    Travel and accommodation arrangements are at the sole discretion of the Sponsor. Absolutely no changes to travel dates or passenger names are permitted once the booking has been made and the Grand Prize Winner has submitted the name of his/her Guest and all related booking information to Sponsor.

    Resale of NHL® event tickets is prohibited. Grand Prize Winner and Guest must abide by all venue policies and game/event ticket terms and conditions. Sponsor reserves the right to revoke the full or partial Grand Prize from Grand Prize Winner or Guest who Sponsor or venue personnel deem, in their sole discretion, may be intoxicated, be a safety risk, have violated any venue policy or law, or bring the NHL Entities into disrepute. Sponsor is not responsible if the Awards Show is cancelled or postponed for whatever reason. Specifically, if the Awards Show does not occur as scheduled for any reason whatsoever, and at its sole discretion the Sponsor reserves the right to substitute the Grand Prize with an alternative Grand Prize of equal or greater value.

  11. PRIZE SUBSTITUTION: Unless otherwise mentioned in these Official Contest Rules, all prizes available in this Contest are, from here on, collectively referred to as the “Prize” or “Prizes,” and all respective winners are collectively referred to as “Winner” or “Winners.” All Prizes available in this Contest must be accepted as awarded. No substitutions or transfers of Prize by Winner permitted. Sponsor reserves the right, in its sole discretion, in the event that a Prize or any component of any Prize cannot be awarded as described for any reason, to substitute and/or modify the Prize or component with (a) prize(s) of equal or greater value, without liability.

    The Winner and Guest are not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. If the Winner elects to travel through other means not specified herein, no additional compensations will be awarded.

  12. ENTRY CONDITIONS AND VERIFICATION: All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government-issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor and the Contest Rules in a timely manner may result in disqualification.

    Any attempt by any Entrant, to participate or submit an Entry in any method or enter or participate in any fashion not sanctioned by the Official Contest Rules will void that individual’s Entry and eligibility to win a Prize and the Entrant will be disqualified from the Contest, at the sole discretion of the Sponsor.

    All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Contest Rules may be disqualified by the Sponsor. Proof of submission does not constitute proof of receipt. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and submitted during the Contest Period. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, damaged, stolen, incomplete or incompatible Entries. Entries become property of Sponsor and will not be acknowledged or returned.

  13. LIMITATION OF LIABILITY: By entering the Contest, Entrants accept and agree to these Official Contest Rules and the decisions of Sponsor, which shall be final in all matters. Releasees (as defined below) are not responsible for lost or late Entries, mailed PIN codes, or the Declaration, or for any typographical, or other error in the printing of the offer, failure of the Contest website, administration of the Contest, or announcement of any Prize, or for technical, hardware, or software malfunctions, computer virus, bugs, tampering, unauthorized intervention, fraud, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the Entries in this Contest, or any other cause beyond the reasonable control of Sponsor that interferes with the proper conduct of the Contest as contemplated by these Official Contest Rules.

    The Sponsor and the NHL Entities extend absolutely no representations or warranties in respect of a Prize and accept no liability arising in respect of such Prize or in the use thereof.

  14. RELEASES, WAIVERS, AND DISCLAIMERS:

    Unless otherwise required by applicable law, the Entrant agrees to the following releases, waivers and disclaimers:

    CONTEST RELEASE: By entering the Contest, Entrants agree to forever release, discharge and hold harmless, Sponsor, Promotion Parties, their affiliates, subsidiaries, their advertising and promotional agencies and their respective directors, officers, employees, representatives, successors, assigns and agents, parent and related companies, licensors, licensees (the “Releasees”), from and against any and all damages, claims, injuries, death, loss and/or liability to person or property, due in whole or in part, whether directly or indirectly, by the entering and participation in the Contest including any travel related thereto.

    PRIZE RELEASE: If an Entrant wins a Prize and accepts the Prize, such acceptance shall mean full satisfaction of the entitlement as an Entrant and Winner in the Contest and the Entrant fully discharges and forever releases the Releasees, of and from any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which they or their heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Releasees in connection with the use, misuse or otherwise of the Prize.

    Entrant also acknowledges, without limiting the generality of the foregoing, that the Releasees will not be responsible for any injury, accident, death or dismemberment, or any other loss, damage or expense in connection with the participation in the Prize. Refusal to accept a Prize releases the Releasees of all responsibility and obligations toward the Entrant of such Prize.

    In no event shall Sponsor be held to award more Prizes than are mentioned in these Official Contest Rules or to award Prizes otherwise than in compliance with these Official Contest Rules.

  15. RIGHTS OF SPONSOR: If, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties or any other factor including accident, printing, administrative, or any error of any kind compromises the integrity, administration, or conduct of the Contest, the Sponsor reserves the right, with consent of the Régie des alcools, des courses et des jeux, to modify, cancel, or suspend this Contest without prior notice or obligation.

    Any attempt to deliberately damage any website or other component, or to otherwise undermine the legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

    Sponsor reserves the right to disqualify a person if he/she enters the Contest or tries to do so by any means contrary to these Official Contest Rules or which would be unfair to other Entrants or where Contest Entries are generated by any mechanical or automated means, including the supply of untruthful, inaccurate, or misleading details and/or information. Entry materials that have been tampered with, reproduced, falsified, or altered are void. In the event a dispute arises as to the identity of an online potential Winner, Entries made by internet will be declared by the name on the associated online entry form.

    All federal, provincial, and local laws and regulations apply. This Contest and the Official Contest Rules shall be governed by, and construed in accordance with (i) the laws of the Province of Québec and the laws of Canada applicable therein in respect of residents of the Province of Québec, and (ii) the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles.

  16. PUBLICITY: Entering this Contest and accepting a Prize (if applicable) constitutes permission for the Sponsor, and its agencies to use the Entrants’ and Winners’, names, cities and provinces/territories of residence, biographical information, Entry information, Prize information, video, recording, voice, photograph, statements and likenesses for purposes of advertising and publicity in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless otherwise prohibited by law.

  17. PRIVACY: Sponsor and the NHL (1185 Avenue of the Americas, New York, NY 10036) respect Entrants’ right to privacy. Personal information collected from Entrants (including but not limited to names, age, mailing addresses, telephone numbers, and email addresses) will only be used for the purpose of administering this Contest and conducting publicity about this Contest. By entering this Contest, Entrants consent to Sponsor’s collection, use, and disclosure of their personal information for these purposes. For a copy of Kraft Heinz’s Privacy Promise, please call 1-800-567-KRAFT or visit www.kraftcanada.com/privacypromise. For a copy of the NHL® Privacy Policy, please visit (www.nhl.com/privacy).

  18. PROVINCE OF QUEBEC: Any litigation respecting the conduct or organization of the 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 in the Contest may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

  19. LANGUAGE DISCREPANCY: Unless otherwise required by applicable law, in the event of any discrepancy or inconsistency between the English language version and the French language version of the Official Contest Rules, as applicable, the English version shall prevail, govern and control.

  20. OFFICIAL CONTEST RULES: These Official Contest Rules are available on www.KDTopCheese.ca.

    NHL and the NHL Shield are registered trademarks and NHL Awards name and logo are trademarks of the National Hockey League © NHL 2019. All Rights Reserved.

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