TERRA® 50th Prize Pack Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCE OF WINNING.
1. Eligibility: The TERRA® 50th Prize Pack Sweepstakes (the “Sweepstakes”) is open only to legal residents of: (i) the United States of America and the District of Columbia (excluding legal residents of Florida and New York who are not eligible) who have reached the legal age of majority in the state of residence (at least eighteen (18) years of age) as of the date of entry; and (ii) Canada who have reached the legal age of majority in the province/territory of residence as of the date of entry. Void in Florida, Guam, New York, Puerto Rico, US Virgin Islands, or any other location outside of Canada, the fifty (50) United States and the District of Columbia, and wherever prohibited, taxed or restricted by law. The Sweepstakes is subject to all applicable federal, state, provincial/territorial and local laws and regulations. Employees, officers and directors of Sponsor (as defined below) and its parent companies, subsidiaries, affiliates, advertising and promotional agencies, any marketing or fulfillment agencies involved with administering the Sweepstakes, as well as their immediate family (spouse, parents, children and siblings and their respective spouses regardless of where they live) and persons living in the same household of each (whether related or not), are not eligible to enter or win.
2. Agreement to Official Rules: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. Any entrant who violates these Official Rules is subject to disqualification at any time at Sponsor’s sole discretion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
3. Sponsor: Terra, a division of Kodiak Group Holdings, Co. 415 Thompson Ave., Cambridge, ON, Canada, N1T 2K7.
4. Sweepstakes Timing: The Sweepstakes begins on October 12, 2021 at 10:00 AM Eastern Standard Time (“ET”) and ends on December 12, 2021 at 11:59 PM ET (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes. After the Sweepstakes Period, no entries will be accepted or deemed eligible to win.
There is no cost to enter, but if you choose to access the Sweepstakes via your wireless mobile device, message and data rates may apply and Sponsor is not responsible for any of these charges. Upon your successful submission of the completed registration, you will receive one (1) entry into the Sweepstakes. Partial or incomplete submissions, including those without any of the foregoing information, will not be accepted as Sweepstakes entries, and will be disqualified and deemed ineligible to win.
Limit on entries: One (1) entry per person during the Sweepstakes Period.
6. Entry Requirements. All entrants must have or obtain a valid email address. For purposes of the Sweepstakes, an entrant’s email address will be the entrant’s email address at the time of entry. For the purposes of this Sweepstakes, entrants will not be allowed to change their email address after submitting their entry. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, phone numbers, addresses, identities, IP addresses, use of proxy servers, registrations and logins, or any other methods will void that participant’s entries and that participant will be disqualified. Use of any programmed, robotic, automated system, third party or similar methods to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
7. Winner Selection: Three potential winners will be selected by Sponsor in a random drawing from all eligible entries received approximately one (1) week after the end of the Sweepstakes Period. The random draw will be held on December 17, 2021 at approximately 2:00 PM ET in Cambridge, ON. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION OF THE ENTRANTS’ ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION. ALL DECISIONS BY SPONSOR ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
8. Prizes/Prize Information. A total of three (3) Prizes will be awarded after the end of the Sweepstakes Period. Limit of one (1) Prize per person or household. The odds of winning a Prize depend upon the number of completed, eligible Sweepstakes entries received during the Sweepstakes Period.
Prizes: A total of three (3) Prizes will be awarded, each consisting of the following: a TERRA® Prize Pack which includes one (1) insulated lunch bag, one (1) fourteen (14) ounce tumbler, one (1) TERRA® 50th sticker and one (1) pair of TERRA® 50th laces (each, a “Prize”).
The ARV of each other Prize is $50 USD//$75 CAD. Total ARV of Prizes for Sweepstakes Period is $150//$225 CAD.
Restrictions on Prizes: Prizes are non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure, at Sponsor’s sole and absolute discretion. No request for the cash equivalent by winner is permitted. Prizes may be fulfilled by a third-party. The Prizes will be sent to winners at the addresses provided to Sponsor. Sponsor is not responsible for any lost, stolen or misdirected Prizes and any Prizes that are lost, stolen or misdirected will not be replaced. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. If Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded. All other costs and expenses not expressly set forth herein shall be solely the Prize winner’s responsibility.
9. Verification of Potential Winners: Each potential winner will be contacted via email using the registration information provided at the time of entry after the random drawings with additional instructions. Before being declared a Prize winner, a potential winner must provide all information required by Sponsor, and if required by Sponsor, execute and return an affidavit of eligibility, a liability release/publicity release (except where prohibited) and any other legal documents that Sponsor may require, within five (5) calendar days of prize notification in order to claim the Prize. If any winner does not respond within five (5) calendar days of first notification attempt, if any Prize or Prize notification is returned as undeliverable, if any winner rejects a Prize or in the event of ineligibility noncompliance with these Sweepstakes rules and requirements, the Prize will be forfeited and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner selected in a random drawing from among all remaining eligible Sweepstakes entries. Upon Prize forfeiture, no compensation will be given. Sponsor will attempt to notify potential winners as set forth above, but Sponsor is not responsible for any undelivered emails or communications that are not timely responded to. Sponsor is responsible for determining the winners in its sole discretion and reserves the right to substitute Prizes in its sole discretion. Decisions made by Sponsor concerning the award of Prizes shall be final and binding. A Prize will only be awarded to a verified winner. If, for any reason, more than the stated number of notifications are sent (or more claims are received), Sponsor reserves the right to award any of the Prizes through a random drawing from among all eligible Prize claims received.
FOR RESIDENTS OF CANADA ONLY: Prior to being confirmed as a Prize winner, any eligible winner who is a resident of Canada will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole discretion of the Sponsor, be administered online, by email or other electronic means, or by any other means deemed appropriate by the Sponsor. Failure to correctly answer the mathematical skill-testing question as outlined above will result in disqualification. The Sponsor reserves the right, in its sole discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
FOR U.S. RESIDENTS ONLY: IF REQUIRED, PRIZE WINNERS WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ARV OF THE PRIZE AND MUST SUBMIT HIS/HER/THEIR SOCIAL SECURITY NUMBER OR TAXPAYER ID NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE, AND PAYMENT OF ANY REQUIRED WITHHOLDING, ARE SOLELY THE RESPONSIBILITY OF THE PRIZE WINNER.
10. Publicity: Participation in the Sweepstakes and acceptance of a Prize constitutes each winner’s permission for Sponsor and/or the Sponsor’s designee, the perpetual right to use his/her/their name, address (city and state/province/territory), biographical information, photograph, picture, portrait, likeness, voice, video, content of entry, and/or statements regarding the Sweepstakes and/or Sponsor for promotional, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
11. Release. BY ENTERING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, OR its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, SUPPLIERS, DISTRIBUTORS, marketing, ADVERTISING AND PROMOTIONAL AGENCIES, PREDECESSORS, successors, assigns, and each of their respective employees, officers AND MEMBERS, SHAREHOLDERS, AND directors (COLLECTIVELY THE “SWEEPSTAKES ENTITIES”) FROM ANY AND ALL CLAIMS, EXPENSES, AND LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF A PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, SLANDER, LIBEL, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS, DEFAMATION OR INVASION OF PRIVACY (UNDER INTRUSION, MISAPPROPRIATION, PUBLIC DISCLOSURE OF PRIVATE FACTS, FALSE LIGHT IN THE PUBLIC EYE OR OTHER LEGAL THEORY), AND OR THE BROADCAST, USE OR EXPLOITATION OF ENTRY.
12. Limitation of Liability; Disclaimer of Warranties. ENTRANTS AGREE THAT THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF ACCESS TO AND ENTRY IN THE SWEEPSTAKES OR THE USE OF A PRIZE, AND DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE SWEEPSTAKES ENTITIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE VALUE OF ENTRANT’S ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS PERMITTED BY LAW. THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERRORS IN THE MATERIALS CONCERNING THE OFFER OR ADMINISTRATION OF THE SWEEPSTAKES OR THESE OFFICIAL RULES OR IN THE ANNOUNCEMENT OF ANY PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SWEEPSTAKES ENTITIES SHALL NOT BE LIABLE FOR ANY INABILITY ON THE PART OF THE WINNER OF A PRIZE DUE TO WEATHER CONDITIONS, FIRE, NATURAL DISASTER, INDUSTRIAL OR LABOR DISPUTE, PANDEMIC, EPIDEMIC, WAR, TERRORIST ACTIVITY, HOSTILITIES, POLITICAL UNREST, RIOTS, CIVIL COMMOTION, OR ANY OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE SWEEPSTAKES ENTITIES.
13. Disputes; Governing Law: To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. To the fullest extent permitted by law, any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Tennessee, City of Nashville. To the fullest extent permitted by law, these Official Rules and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Tennessee. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Davidson in the State of Tennessee. The parties agree not to raise the defense of forum non conveniens.
FOR RESIDENTS OF QUEBEC 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 board only for the purpose of helping the parties reach a settlement.
14. Other Conditions: Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections, web site, Internet, or ISP availability; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the entrants, or by any of the equipment or programming associated with or utilized in the Sweepstakes; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Sweepstakes or downloading any materials in the Sweepstakes.
Sponsor reserves the right, in its sole discretion subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to cancel, terminate, modify, extend or suspend the Sweepstakes, or any part of it, should any force majeure, virus, bugs, non-authorized human intervention, fraud or other causes beyond Sponsor’s control impair the integrity or proper functioning of the Sweepstakes, or corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may and award the Prize(s) from eligible entries received up to time of termination or suspension.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or website, or to be acting in violation of these Official Rules. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Additional Terms: If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, internet, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
17. Winners’ Names: To obtain the winners’ names, send a self-addressed, stamped envelope after December 17, 2021 but before December 25, 2021, to: TERRA® 50th Prize Pack Sweepstakes, 415 Thompson Ave., Cambridge, ON, Canada N1T 2K7. Residents of the State of Vermont may omit return postage.