THIS PROGRAM IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
- KEY DATES:
Kruger Big Assist (the “ Program”) is sponsored by Kruger Products L.P. through its general partner KPGP (“Kruger”). The Program begins on September 21, 2020 at 12:00:00 a.m. Eastern Time (“ ET”) and ends on June 15, 2021 at 11:59:59 p.m. ET (the “ Program Period”). The Program Period consists of two (2) Nomination Periods (each, a “ Nomination Period”) as follows:
Starts (12:00:00 a.m. ET)
Ends (11:59:59 p.m. ET)
September 21, 2020
January 31, 2021
February 1, 2021
June 15, 2021
- ELIGIBILITY TO MAKE A NOMINATION:
To participate in the Program and make a nomination (“a Nomination”) as a nominator (a “ Nominator”), you must be a resident of Canada who: (i) has reached the legal age of majority in your province/territory of residence at the time of participation; or (ii) is between the ages of thirteen (13) and the legal age of majority in your province/territory of residence (each, a “ Minor”) – provided your parent/legal guardian has consented to your participation in the Program and has accepted and agreed to be legally bound by these Official Terms (the “ Terms”) on your behalf.
NOTE TO MINORS: Kruger reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Terms on the Minor’s behalf; (ii) consent to the Minor’s participation in this Program; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of Kruger within the time frame specified by Kruger may, in the sole and absolute discretion of Kruger, result in disqualification of the Minor.
FOR THE AVOIDANCE OF ANY DOUBT, THE NOMINATOR HAS NO RIGHT TO CLAIM ANY DONATION OR A PORTION THEREOF.
- ELIGIBILITY TO BE NOMINATED:
To participate in the Program and receive a Nomination as a nominee (a “ Nominee”), you must be a Canadian Hockey Association that: (i) is a member of Hockey Canada,; (ii) has an established financial process to help families in need; and (iii) provides sporting opportunities to at least fifty (50) youth hockey players in Canada (an “ Association”).
Any and all actions contemplated in these Terms on behalf of an Association must be completed by an authorized representative of the Association (each a “ Representative”) who: (a) is a resident of Canada; (b) has reached the legal age of majority in his/her province or territory of residence; (c) resides in Canada during the Program Period and at the time of fulfillment; (d) has authority and permission from the Association to participate in the Program on behalf of the Association; and (e) has the authority to legally bind the Association – including, without limitation, to these Terms and to any other required documentation as contemplated in these Terms.
FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, THE REPRESENTATIVE IS NOT THE NOMINEE AND HAS NO RIGHT TO PERSONALLY CLAIM ANY DONATION OR A PORTION THEREOF. THE NOMINEE IN THIS PROGRAM IS THE ASSOCIATION.
Kruger reserves the right, in its sole and absolute discretion at any time, to disqualify any Association if Kruger determines that allowing the Association to participate in the Program could bring Kruger into public disrepute or in any way impact the good standing or reputation of Kruger in the eyes of the general public. Kruger’s decisions on all matters arising in this regard shall be final and binding without right of appeal.
- HOW TO MAKE A NOMINATION:
No purchase necessary. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT THE OPPORTUNITY TO RECEIVE A DONATION IN RELATION TO THIS PROGRAM.
During the Nomination Period, an eligible Nominator can make a Nomination by going to www.bigassist.ca (the “ Website”) and following the on-screen prompts to obtain and fully complete the Official Nomination Form (the “ Form”) with all required information – including, but not limited to: (i) the Nominator’s full name and contact details (the “ Nominator”); (ii) the full name and contact details of the Association; and (iii) a 150 to 500 word (English or French) written submission (a “ Submission”) OR a video (a “ Video”) [Maximum File Size: 100 MB; Maximum Time: 2 minutes; Acceptable File Types: avi, dv, mov, qt, mpg, mpg2, mpg4, 3gp, 3g2, asf, or wmv format that describes how the Association achieves at least one (1) of the following concepts:
- ENABLE more youth to play
- ENHANCE the sport experience for its members
- EMPOWER youth to create impact in the community
- ENCOURAGE multicultural participation in the game
To be eligible, all content and materials associated with a Nomination (collectively, the “ Nomination Materials”) must: (i) be submitted and received during a Nomination Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Terms, including, but not limited to, the specific Submission Requirements listed below in Section 7 (all as determined by Kruger in its sole and absolute discretion).
- NOMINATION LIMIT AND CONDITIONS:
The following limits and conditions apply to Nominations in the Program:
- An eligible Nominator cannot submit more than one (1) Nomination in relation to the same Nominee.
- The same Nominee can be nominated by multiple eligible Nominators in accordance with these Terms.
- An eligible Nominator who is affiliated with an Association can complete a Nomination for that Association.
If it is discovered by Kruger (using any evidence or other information made available to or otherwise discovered by Kruger) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with Kruger’s interpretation of the letter and/or spirit of these Terms to participate in or to disrupt this Program; then he/she may, in the sole and absolute discretion of Kruger, be disqualified from the Program. Kruger, its associated and affiliated entities, advertising/promotion agencies and all other individuals and entities involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively with Kruger, the “ Program Parties”), and each of their respective agents, employees, directors, successors, and assigns (collectively, the “ Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Nominations and/or Nomination Materials (all of which are void).
A Nomination may be rejected if, in the sole and absolute discretion of Kruger: (i) the Nomination (including, but not limited to, any associated Nomination Materials) is not submitted and received in accordance with these Terms during a Nomination Period; and/or (ii) the Nomination Materials accompanying the Nomination are not in compliance with these Terms (including, but not limited to, the specific Submission Requirements listed below in Section 7) (all as determined by Kruger in its sole and absolute discretion).
IMPORTANT NOTE: Individuals may encourage others to submit a Nomination; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Nomination. In addition, proxy nomination schemes (or anything reasonably resembling a proxy nomination scheme, as determined by Kruger in its sole and absolute discretion) are hereby expressly prohibited. Any individual or entity determined by Kruger and/or its representative(s) to be engaging in any such behaviours and/or in violation of Kruger’s interpretation of the letter and/or spirit of these Terms (all as determined in the sole and absolute discretion of Kruger) will be disqualified.
All Nominations, Nomination Materials, Associations and participants are subject to verification at any time and for any reason. Kruger reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Kruger – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Nomination, Nomination Materials and/or other information entered (or purportedly entered) for the purposes of this Program; and/or (iii) for any other reason Kruger deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with Kruger’s interpretation of the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of Kruger within the timeline specified by Kruger may result in disqualification in the sole and absolute discretion of Kruger. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) of Kruger.
- SUBMISSION REQUIREMENTS:
BY SUBMITTING A NOMINATION, EACH NOMINATOR (AND HIS/HER PARENT/LEGAL GUARDIAN ON HIS/HER BEHALF IF THE NOMINATOR IS A MINOR) AGREES THAT THE NOMINATION (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY NOMINATION (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS); (II) PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH NOMINATOR (AND HIS/HER PARENT/LEGAL GUARDIAN ON HIS/HER BEHALF IF THE NOMINATOR IS A MINOR) IN THE EVENT IT IS DISCOVERED THAT A NOMINATOR HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS.
By participating in the Program, each Nominator (and his/her parent/legal guardian on his/her behalf if the Nominator is a Minor) hereby warrants and represents that any Nomination Materials he/she submits:
- are original to him/her and that the Nominator has obtained all necessary rights in and to the Nomination Materials for the purposes of submitting such Nomination Materials in the Program;
- do not violate any law, statute, ordinance or regulation;
- do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
- will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- are not defamatory, trade libelous or obscene, and further that they will not contain, depict, include, discuss or involve any materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Kruger in its sole and absolute discretion.
Kruger and/or its promotional agency or designated content moderator (the “ Reviewer”) reserves the right to screen all Nomination Materials. Any Nomination Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification – in which case Kruger reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Nomination Materials (and therefore the corresponding Nomination and/or the associated Nominator/Nominee) – to help ensure that the Program is being conducted in accordance with Kruger’s interpretation of the letter and spirit of these Terms.
By entering the Program and submitting a Nomination, each Nominator (and his/her parent/legal guardian on his/her behalf if the Nominator is a Minor): (i) grants to Kruger, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Nomination Materials (and each component thereof), in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waives all moral rights in and to his/her Nomination Materials (and each component thereof) in favour of Kruger (and anyone authorized by Kruger to use such Nomination Materials); and (iii) agrees to release and hold harmless Kruger and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Nomination Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
There will be a total of fifteen (15) Donations (each, a “ Donation” and collectively the “ Donations”) available in relation to this Program. There will be a total of ten (10) Donations in relation to Nomination Period 1 and a total of five (5) Donations in relation to Nomination Period 2. Each Donation consists of a $10,000 CAD donation by Kruger to the Association.
Donations must: (i) be used only for the purposes of supporting registration fees for eligible families within the Association; and (ii) be used in full by December 31, 2021.
The following general conditions apply to each Donation: (i) Donation must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Kruger in its sole and absolute discretion); (ii) no substitutions are permitted, except at Kruger’s option; (iii) Kruger reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Donation or any component thereof; and (b) substitute the Donation or a component thereof for any reason with a item or item(s) of equal or greater value; and (iv) by accepting a Donation, the Representative (on his/her own behalf and on behalf of the Association) agrees to waive all recourse against Kruger and all of the other Released Parties if the Donation or a component thereof does not prove satisfactory, either in whole or in part.
To the fullest extent permitted by applicable law, the Representative of each Association that is eligible to receive a Donation hereby (on his/her own behalf and on behalf of the Association) agrees that neither the Association, nor anyone on behalf of the Association, may seek reimbursement or pursue any legal or equitable remedy from either Kruger or any of the other Released Parties should the Donation fail to be fit for its purpose or is in any way unsatisfactory.
Each Association that is eligible to receive a Donation is solely responsible for the reporting and payment of any taxes relating to the applicable Donation.
There is a limit of one (1) Donation per Association in relation to the Program. Under no circumstances will the same Association be eligible to receive more than one (1) Donation.
- SELECTION PROCESS:
In relation to each Nomination Period, a panel of judges (the “ Program Judges”) appointed by Kruger will judge each eligible Nomination on the basis of the following weighted criteria:
1. How well the Association achieves at least one (1) of the following concepts:
· ENABLE more youth to play
· ENHANCE the sport experience for its members
· EMPOWER youth to create impact in the community
· ENCOURAGE multicultural participation in the game
2. Overall strength of Nomination
Each Nomination will be given a score (the “ Score”) by the Program Judges. Odds of being selected depend on the number and calibre of eligible Nominations submitted and received during each Nomination Period in accordance with these Terms. NOMINATIONS FROM NOMINATION PERIOD 1 THAT DO NOT RECEIVE A DONATION ARE NOT SELECTED WILL AUTOMATICALLY CARRY-FORWARD TO BE CONSIDERED IN RELATION TO NOMINATION PERIOD 2.
In relation to Nomination Period 1, the eligible Nominees associated with the top ten (10) Scores (as determined by the Program Judges, in their sole and absolute discretion) will each be selected as the eligible recipient of a Donation (subject to compliance with these Terms).
In relation to Nomination Period 2, the eligible Nominees associated with the top five (5) Scores (as determined by the Program Judges, in their sole and absolute discretion) will each be selected as the eligible recipient of a Donation (subject to compliance with these Terms).
In the event of a tie between two or more eligible Nominations based on Score, the eligible Nominee – from amongst all such eligible Nominations that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2) will be selected as the eligible recipient of the Donation. In the event of an exact tie based on Criteria 1 and 2, a new panel of judges will be appointed by Kruger to break the tie in accordance with the preceding procedure.
Judging for Nomination Period 1 is scheduled to be completed on or about February 5, 2021.
Judging for Nomination Period 2 is scheduled to be completed on or about June 21, 2021.
- NOTIFICATION PROCESS:
Kruger or its designated representative will make a minimum of two (2) attempts to contact the Representative of each Association that is eligible to receive a Donation (using the information provided on the Form) within five (5) business days of selection. If the Representative of an Association that is eligible to receive a Donation cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the Association may, in the sole and absolute discretion of Kruger, be disqualified (and, if disqualified, will forfeit all rights to a Donation) and Kruger reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Association from among the remaining eligible Nominations in accordance with Section 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Association).
- CONFIRMATION PROCESS:
NO ASSOCIATION IS A DONATION RECIPIENT UNLESS AND UNTIL KRUGER OFFICIALLY CONFIRMS THE ASSOCIATION AS A DONATION RECIPIENT IN ACCORDANCE WITH THESE TERMS. Before being declared AS A CONFIRMED DONATION RECIPIENT, the Representative of each Association that is eligible to receive a Donation will be required to sign and return within five (5) business days of notification Kruger’s declaration and release form, which (among other things): (i) confirms his/her and the Association’s compliance with these Terms; (ii) acknowledges the Associations acceptance of the Donation (as awarded); (iii) releases Kruger and all of the other Released Parties from any and all liability in connection with this Program, his/her and the Association’s participation therein and/or the awarding and use/misuse of the Donation or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of the Association’s name and logo without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Kruger in any manner whatsoever, including print, broadcast or the internet; (v) agrees to provide stories and other content to showcase how the Donation has had a positive impact on hockey families in need; (vi) agrees to distribute the Donation in a manner that has been mutually agreed upon as between the Association and Kruger.
If an Association that is eligible to receive a Donation: (a) fails to have its Representative return the properly executed Program documents within the specified time; (b) cannot accept (or is unwilling to accept) the Donation (as awarded) for any reason; and/or (c) is determined to be in violation of these Terms (all as determined by Kruger in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to a Donation) and Kruger reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Association from among the remaining eligible Nominations in accordance with Section 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Association).
- GENERAL CONDITIONS:
This Program is subject to all applicable federal, provincial and municipal laws. The decisions of Kruger with respect to all aspects of this Program are final and binding on all participants without right of appeal.
ANY INDIVIDUAL OR ENTITY DEEMED BY KRUGER TO BE IN VIOLATION OF KRUGER’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF KRUGER AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Program; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Nomination, Nomination Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating in the Program; (v) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vi) any combination of the above.
Kruger reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “ Régie”) in Quebec, to withdraw, amend or suspend this Program (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Kruger that interferes with the proper conduct of this Program as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program in any way (as determined by Kruger in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Kruger reserves the right to seek remedies and damages to the fullest extent permitted by law. Kruger reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Program, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
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 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.
Kruger reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by Kruger, for purposes of verifying compliance by any participant, Nomination, Nomination Materials and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Kruger, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of Kruger, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms 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 Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Kruger or any of the other the Released Parties in connection with the Program will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law Terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Program.