HEALTHY ESSENTIALS™ - YOUR BEST DAY, EVERY DAY™CONTEST
THE HEALTHY ESSENTIALS™ - YOUR BEST DAY, EVERY DAY™ CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
(a) be a legal resident of Canada ;
(b) be of the age of majority in his/her province or territory of residence or older at the time of entry;
(c) a registered HEALTHY ESSENTIALS® member with a valid profile; and
(d) be legally able to travel to the country specified in the entrants’ Grand Prize (if applicable) and have a valid passport and any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel.
Employees of Johnson & Johnson Inc. (the "Sponsor"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
The Contest begins at 8:01 a.m. Eastern Standard Time (“EST”) on November 13th, 2012 and ends at 4: 59 p.m. EST on February 1, 2013 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
(a) There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.
(i) To enter the Contest, Entrant must create and/or login to your HEALTHY ESSENTIALS™ member profile on the www.healthyessentials.ca website;
(ii) Entrant must complete the entry form located under the “Promotions” tab on www.healthyessentials.ca/promotions OR www.bienvivre.ca/promotions (the “Contest Registration Page”) with the following information, including but not limited to:
i. Entrant’s email address, province (both which shall be pre-populated based on the current at-the-time information in the logged in entrant’s HEALTHY ESSENTIALS™ member profile) and date of birth;
ii. Entrant’s choice of the four Grand Prize options if Entrant is declared the Winner;
iii. Entrant must agree to the Contest Rules; and
iv. Entrant must clickon submit.
(b) Limit of one (1) entry per entrant during the Contest Period. Once an entrant has submitted an entry, Contest Registration Page will be disabled and entrant will no longer be able to access the Contest Registration Page. However, in the case of multiple entries, only the first eligible entry will be considered.
(c) All entries become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for the Grand Prize.
(d) If a dispute arises regarding who submitted an online entry, entries received online shall be deemed to be submitted by the authorized account holder of the HEALTHY ESSENTIALS™ member profile associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of the HEALTHY ESSENTIALS™ member profile is defined as the natural person who is registered and associated with the HEALTHY ESSENTIALS™ for the member profile. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the HEALTHY ESSENTIALS™ member profile associated with the winning entry.
(a) There isone (1) grand prize package (“Grand Prize”) available to be won by the Grand Prize winner (“Grand Prize Winner” or “Winner”) consisting of the Grand Prize Winner’s choice of one(1) of the following four (4) Grand Prize options:
a. LAUGHTER: A trip for two (2) (Grand Prize Winner plus Guest) to New York City, New York to experience real laughter at the famous Gotham Comedy Club which shall include:
(i) round-trip economy airfare for the Grand Prize Winner and his/her guest (the “Guest”) leaving together from the same gateway from a Canadian International airport closest to Winner’s residence (Vancouver, Calgary, Regina, Winnipeg, Toronto, Montreal, Halifax or St. John’s) to New York City, New York;
(ii) two consecutive nights (2)hotel accommodation at the W Hotel Time Square in a W Hotel Time Square “Fabulous Room” with one (1) king size bed for the Grand Prize Winner and Guest;
(iv) two (2) VIP Tickets to the famous Gotham Comedy Club - New York City;
(v) two (2) ninety (90) minute Deep Tissue Massages at Exhale Spa Midtown on Central Park South; and
(vi) $1,500 CAD spending money.
TheLAUGHTER Grand Prize has an approximate value of $4,554 CAD (based on two (2) round trip economy airfares from Vancouver, British Columbia (YVR) to New York City (JFK), Air Canada Tango Plus leaving Friday return Sunday).Actual value of Grand Prize will depend on departure city.Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.
b. DISCOVERY: A Sunwing Vacations Dream Resorts Package for two (2) to explore the Chichen Itza Ancient Ruins in Mexico which shall include:
(i) Round-trip economy airfare for the Grand Prize Winner and his/her guest (the “Guest”) leaving together from the same gateway from a Canadian International airport closest to Winner’s residence (Vancouver, Calgary, Regina, Winnipeg, Toronto, Montreal, Halifax or St. John’s) to Cancun, Mexico;
(ii) Ground transfers to Dreams Tulum Resort to/from Cancun, Mexico airport;
(iii) Seven consecutive nights (7) hotel accommodation at the Dreams Tulum Resort in a “Gardenview Room”;
(iv) Two (2) Chichen Itza Plus Tour Tickets;
(v) $500 spa credit for Spa Treatment at Dreams Tulum: Dreams Spa by Pevonia; and
(vi) $250 CAD spending money.
TheDISCOVERY Grand Prize has an approximate value of $4,820 CAD (based on two (2) round trip economy airfares from St. John’s, Newfoundland (YYT) to Cancun, Mexico (CUN), Sunwing Vacations package leaving March 9-16, 2013).Actual value of Grand Prize will depend on departure city.Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.
c. BEAUTY: A Spa Get-Away for two (2) to refresh your inner beauty which includes:
i. Regional Option 1: For Residents of British Columbia (BC):
1. Round-trip economy airfare for the Grand Prize Winner and his/her Guest from Vancouver, BC International Airport (YVR) to Tofino, BC (YAZ);
2. One (1) Ancient Cedars Spa Package for two (2) people at the Wickaninnish Inn which includes:
a. Two (2) consecutive nights accommodation for two (2) in your preferred room type;
b. Two (2) one-hour treatments (one per person);
c. Two (2) yoga classes;
d. One (1) Comfort Zone amenity package delivered to Grand Prize Winner’s guest room;
e. $1,500 CAD spending money.
TheBEAUTY Grand Prize Regional Option 1: For Residents in British Columbia (BC) has an approximate value of $4,700 CAD (based on Friday to Sunday travel and average price range between deluxe room and suite accommodations). Actual value of Grand Prize will depend on actual accommodations.Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.
ii. Regional Option 2: For Residents of Alberta, Saskatchewan, Manitoba:
1. Round-trip economy airfare for the Grand Prize Winner and his/her Guest from closest major Canadian airport from Grand Prize Winner’s residence to Calgary, AB;
2. Two (2) consecutive nights accommodation for two (2) at the Fairmont Banff Springs Hotel, in a Fairmont “Gold” Room which includes: concierge floor, private check-in/out and lounge, breakfast daily, highly personalized services, 1 king bed.
3. Two (2) ninety (90) minute Stress Relief massages at Spa Willow Stream Fairmont Spa;
4. Three (3) days premium class car rental;
5. $1,000 CAD spending money;
TheBEAUTY Grand Prize Regional Option 2: For Residents of Alberta, Saskatchewan, Manitoba has an approximate value of $4,330 CAD (based on air travel from Winnipeg, MB to Calgary, AB on Friday to Sunday travel, premium class car rental).Actual value of Grand Prize will depend on departure city and class of car rental.Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.
iii. Regional Option 3: For Residents of Ontario and East Provinces:
1. Round-trip economy airfare for the Grand Prize Winner and his/her Guest from closest major Canadian airport from Grand Prize Winner’s residence to Mt. Tremblant, QC;
2. Two (2) consecutive nights accommodation for two (2) at the Fairmont Tremblant Hotel, in a Fairmont “Gold King Suite” with mountain or partial lake view, which includes: executive lounge, private check in/out, complimentary deluxe continental breakfast, snacks, canapés served in the private executive lounge.
3. $1,000 Spa Credit;
4. Three (3) days premium class car rental;
5. $1,000 CAD spending money;
TheBEAUTY Grand Prize Regional Option 3: For Residents of Ontario and East Provinces has an approximate value of $4,850 CAD (based on air travel from St. John’s, Newfoundland to Mt. Tremblant, QC on Friday to Sunday travel, premium class car rental). Actual value of Grand Prize will depend on departure city and class of car rental.Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.
d. LOVE: A $5,000 American Express travelers voucher to reunite Grand Prize Winner with his/her family.
(b) All costs not outlined in all the above descriptions of the LAUGHTER, DISCOVERY, BEAUTY or LOVE Grand Prize options is the sole responsibility of the Grand Prize Winner and their Guest, including without limitation, all ground transportation costs, meals, beverages, room service, airport improvement fees, taxes, gratuities, merchandise souvenirs, local and long distance telephone calls, internet access, medical and travel insurance, any required travel documentation, and all personal expenses of any kind or nature, including personal excursions, together with any applicable layover charges.
(c) Once Grand Prize Winner has been successfully contacted and notified of his/her Grand Prize and fulfilled the requirements set out herein. Winner must contact Sponsor’s fulfillment agent as described in the Winner’s notification documents to claim his/her Grand Prize. Travel must be arranged through the Sponsor. Departure dates, hotel accommodation dates, Gotham Comedy Club VIP Tickets, Exhale Spa Midtown appointments, car rentals are all subject to availability.
(d) Grand Prize Winner and his/her Guest must be available to travel between February 21, 2013 and February 20, 2014. Should Winner and/or Guest be unable to travel/participate on the dates and times designated by the Sponsor, the Grand Prize will be forfeited and awarded to an alternate winner.
(e) If a Winner and his/her Guestfails to comply with these Contest Rulesorvoluntarily withdraws and therefore is unable to travel from February 21, 2013 through February 20, 2014, he/she will be disqualified and will not receive the Grand Prize andthe Sponsor reserves the right to select another or additional entrant(s), in the Sponsor’s sole discretion, until such time as an entrant satisfies the terms set out herein.
(f) Guests must comply with the Contest Rules and sign and return the Release (described below).
(g) Grand Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. No change in Grand Prize package arrangements can be made once the bookings have been confirmed. The Grand Prize may not be used towards any type of frequent flyer mileage accumulation program. Booking is subject to 100% cancellation penalties and cancellation insurance is not available. The Sponsor reserves the right, in its and their sole discretion, to substitute a prize of equal or greater value if the Grand Prize (or any portion thereof) cannot be awarded for any reason. Sponsor makes no representation or warranties, and disclaims any implied warranties, with respect to the Grand Prize.
(h) The Sponsor shall not assume any liability for lost, damaged or misdirected Grand Prize.
Grand Prize Winnershall be selected as follows:
(a) On or about February 12th, 2013 in Toronto, Ontario, one (1) entrant will be selected by a random draw from all eligible entries received during the Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared aWinner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below). The Sponsor may, in its sole discretion, provide an alternate skill-testing question or vary the requirements to perform any skill-testing component of the Contest to accommodate and include the participation of entrants with physical or cognitive disabilities.
(b) THE SELECTED ENTRANT WILL BE NOTIFIED BY E-MAIL NO LATER THAN FEBRUARY 15TH, 2013 AT 5 P.M AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION that the entrant has been selected as a potential winner. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsor within five (5) businessDays of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she fails to comply with the terms of these official Contest Rules, voluntarily withdraws from the Contest, or fails to accept the Grand Prize Package for any reason, he/she will be disqualified and will not receive a Prize (and forfeit all rights to the Prize) and another entrant may beselected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
(c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the Grand Prize.
RELEASE. Winner and his/her Guest will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s:(i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor the unrestricted right, in the Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’sname, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.The executed Release must be returned within five (5) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT.By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY.The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.
CONDUCT.By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contestor the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Johnson & Johnson Inc. property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name (which will be obtained from the entrant’s HEALTHY ESSENTIALS™ member profile, province, telephone number, e-mail address and date of birth (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Grand Prize Winner; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b) The entrant’s Personal Information will be stored in the database of a third party retained by the Sponsor or the Sponsor’s/Sponsor’s agency, and such database is located outside of Canada. If you wish to obtain access to written information about the Sponsor’s policies and practices with respect to the service providers it uses outside of Canada or to speak to the Chief Privacy Officer about questions you may have regarding the collection, use, disclosure or storage of personal information by service providers outside Canada, you may write to the Sponsor at at the following address:
Johnson & Johnson Inc.
Attention: Canadian Chief Privacy Officer
199 Grandview Road
or call the Sponsor at 1-800-265-8383 and ask to speak to the Office of the Chief Privacy Officer, or email the Sponsor at firstname.lastname@example.org and ask that the Chief Privacy Officer provide answers to your questions about the above.
INTELLECTUAL PROPERTY.All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. HEALTHY ESSENTIALS™ and YOUR BEST DAY, EVERY DAY™ are trade-marks of Johnson & Johnson Inc.
TERMINATION.Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec,Sponsor reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
LAW.These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.
LANGUAGE DISCREPANCY.In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
FOR RESIDENTS 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 Régie only for the purpose of helping the parties reach a settlement.
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