NO PURCHASE NECESSARY TO ENTER OR WIN.

1. SPONSOR: The Scratch, WIN & Smile! Contest (the “Contest”) is sponsored by YWE Management Inc. doing business as Menchie’s Frozen Yogurt, 259 Yorkland Road, 3rd Floor, Toronto, Ontario, M2J 5B2 (“Sponsor”).  This Contest is not sponsored, endorsed, administered by or associated with Facebook.

 

2. ELIGIBILITY: The Contest is open to legal residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry, with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and those living in the same household.  By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules.  Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.

 

3. CONTEST DATES AND TIMES: The Contest begins on March 28, 2016 at 12:00 a.m. EST and ends on May 15, 2016 at 11:59 p.m. EST (“Contest End Date”) after which time the Contest will be closed and no further entries shall be accepted.  For limits on prize claims see section 5.

 

4. HOW TO ENTER:  There are three ways to enter this Contest:

 

• In-store: During the contest period, customers who make purchases of Menchie’s frozen yogurt products will receive a Scratch, WIN & Smile! card containing a unique PIN code.  Total number of PIN Code cards in stores will be 2,775,000 (25,000 for each of 111 Menchie’s locations).  Customers may then visit the Scratch, WIN & Smile main landing page at www.menchies.ca/smile to access their digital Scratch, WIN & Smile card.  They will have a chance to win one of five prizes (see Section 5).  Entrants must provide their first name, last name, address, postal code, e-mail address and phone number before receiving a confirmation e-mail.  Limit three (3) entries per day per person for in-store entries.  For greater clarity, if any person purchases four or more products in-store they will still have a maximum of three entries per day based on their PIN Code cards received.
• By e-mail (no purchase necessary): Individuals who have registered to the MySmileage Club loyalty member program will receive an e-mail with a link containing a unique identifier to the digital Scratch, WIN & Smile! contest scratch page.  When they click on the Redeem Button, they will have a chance to win one of five prizes (see Section 5).  Limit one entry per person based on their unique identifier.
• Online (no purchase necessary): Any person may enter online via the Sponsor’s Facebook page, Twitter page, other social media pages or website.  Entrants who click on the online contest posts will be taken to the Sponsor’s digital Scratch, WIN & Smile page.  They will have a chance to win one of five prizes (see Section 5).  Entrants must provide their first name, last name, address, postal code, e-mail address and phone number before receiving a confirmation e-mail.  Limit three (3) entries per person per day for online entries and a total maximum of three (3) entries per person per day regardless of method of entry.

All entrants have the option to enter to win the Grand Prize with each valid entry.

For this Contest receipt of an Internet entry occurs when the Sponsor's servers record the entry information.  Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize.  Entry forms that contain false or incomplete information are void.  Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules are void.  Entrants grant Sponsor a non-exclusive license to use all entries for any purpose.  No correspondence will be entered into except with selected entrants.  Proof of transmission (screenshots or captures, etc.) does not constitute proof of entry or receipt of an entry.

5. CONTEST PRIZES: The following prizes are available to be won in this Contest:
Discount Prizes: (i) $1.00 off yogurt purchase (minimum $5.00 purchase) (approximate retail value (ARV) $1.00); (ii) 20% off yogurt purchase (minimum $5.00 purchase) (ARV $1.00); (iii) 25% off yogurt purchase (minimum $5.00 purchase) (ARV $1.25); (iv) buy one get one for half price yogurt purchase (ARV $2.50); and (v) $5.00 discounts on cakes (ARV $5.00). Each Menchie’s location will have 25,000 PIN Code cards available for distribution at the beginning of the Contest period.  All discount prizes expire seven (7) days after awarded.  Coupons awarded to individuals who entered with an in-store pin code card receive coupons that are not valid that day.  They are valid the next day for 7 days.  Prizes obtained by making a purchase are redeemable the day after scratching the card.  On-line and MySmileage coupons are redeemable on the day of scratching the card.  No limit on discount prizes (will depend on number of valid entries).  Not valid with any other promotion or discount offer.  1 coupon per purchase.  Valid only at participating Menchie’s locations in Canada.  All valid discount entries will win a prize.

Grand Prize: One (1) one week, seven night round trip for two to the five star Dreams Riviera Cancun Resort & Spa in the Mayan Riviera (“Grand Prize”) (ARV up to $5,000.00).  Actual ARV will depend on departure location.

All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or use or redemption of a prize.  All prizes must be accepted as awarded, are non-transferable and non-refundable, cannot be re-sold and have no cash value or redemption value.  Prizes or any portion thereof cannot be combined with other discounts, promotions or special offers.  Sponsor reserves the right to substitute an alternate prize of equal or greater value for any or all of any prize in the event that a prize, preferred travel dates chosen by a winner or any component of a prize is unavailable.

Grand Prize Rules:
The Grand Prize includes: (i) a travel voucher for a round-trip economical airfare from the international airport closest to the winner’s residence (departure cities: Vancouver, Regina, Saskatoon, Winnipeg, Montreal, Ottawa, Toronto, St. John’s or Moncton) to Cancun, Mexico; and (ii) a one week, seven (7) nights stay for the winner and one guest at the all inclusive five star Dreams Riviera Cancun Resort & Spa in the Mayan Riviera.

Grand Prize supplier is RedTag.ca.  Grand Prize will be selected and arranged by Sponsor and RedTag.ca in their sole discretion.  Grand Prize does not include checked baggage charges from the airline, insurance or anything not expressly described above.  Grand Prize winner and guest must have valid Canadian passports for travel valid for at least six months from date of departure and no impediment to entering Mexico or the United States of America (no criminal charges or DUI’S).  Grand Prize travel voucher is valid for one year from date of award.  Travel must be completed by June 1, 2017.  Blackout dates: Christmas, New Years, March Break, Easter and any provincial, national or United States holidays, including long weekends.  Travel must be booked within six (6) weeks prior to the Grand Prize winner’s desired departure date.  All travel is subject to availability.  If the Grand Prize winner’s preferred dates are not available, alternative dates will be provided by the Sponsor as an alternative.  Once the Grand Prize package is booked, no changes are permitted.

The Grand Prize winner and their guest (or their guest’s parent/legal guardian if a minor) must execute the Sponsor’s Declaration of Eligibility and Liability/Publicity Release and Travel Companion Release forms prior to travel.

6. ODDS OF WINNING:  Instant win prizes: $1.00 off yogurt purchase (minimum $5.00 purchase) – 1 in 3; 20% off yogurt purchase (minimum $5.00 purchase) – 1 in 5; 25% off yogurt purchase (minimum $5.00 purchase) – 1 in 10; buy one get one ½ price yogurt purchase – 1 in 3; $5.00 off cakes – 1 in 20.  Grand Prize: odds of winning Grand Prize depend on number of eligible entries received before contest closes.

7.  SKILL TESTING QUESTION: All potential winners will be required, as a condition to winning a prize, to correctly answer, without assistance of any kind, whether mechanical or otherwise, the Sponsor’s time-limited, mathematical skill-testing question, which may be administered by the Sponsor online, by e-mail, telephone or in-store.

8. WINNER SELECTION AND CONFIRMATION: Instant winners will be notified as they become eligible to win prizes.  On May 30, 2016 at 2:00 p.m. EST in Toronto, Ontario at 1 Greensboro Drive, Suite 200, Toronto, Ontario, M9W 1C8 (“Draw Date”) an employee, agent or other representative of the Sponsor will conduct a random draw from all eligible entries received before Contest End Date and select the potential Grand Prize winner (“Selected Entrant”).  The Selected Entrant will be deemed the Grand Prize winner if they meet all of the eligibility criteria set out in these Contest Rules.  If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries (and subsequent potential winners, if necessary, until an eligible entrant is selected).  Before being declared a winner, the Selected Entrant will be required to: (i) correctly answer the Sponsor’s skill-testing question; (ii) sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release and Travel Companion Release forms; and (iii) comply with all other Contest Rules, all in the sole discretion of Sponsor.

The Selected Entrant will be notified by e-mail within one (1) business day of the draw and will be contacted using the e-mail address provided at the time of entry into the Contest.  Up to three attempts will be made within 36 hours following the draw.  A Selected Entrant that does not or cannot accept the Grand Prize, or does not or cannot travel, may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion.  Signed release forms must be received by the Sponsor no later than June 6, 2016.  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.

Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the Authorized Account Holder (the individual assigned to the e-mail address for the domain associated with the submitted e-mail address).  Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder of the e-mail address associated with the selected entry.

9. RELEASE AND INDEMNIFICATION: The Grand Prize winner must sign the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form, and all other winners agree by accepting a prize, to: (i) confirm compliance with the Contest Rules; (ii) agree to accept prizes as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, Facebook and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (“Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of  a prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize, including any travel thereto and the use of the Entry by Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Declaration and Release forms; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize, including any travel related thereto and the use of the Entry by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.

10. CONDUCT: The Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be: (i) violating these Contest Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest; (iii) acting in an un-sportsperson-like or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person, all in the discretion of the Sponsor.  Any attempt by an entrant or any other individual to undermine the legitimate operation of the Contest may be a violation of criminal and/or civil laws.  Should any such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.

11. OTHER CONDITIONS:  The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (“RACJ”), to terminate or amend this Contest at any time and in any way, without prior notice.  Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right, subject to the approval of the RACJ, to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.  In no event will Sponsor be responsible for awarding more prizes than advertised in accordance with these Rules.

Publicity and entrant information: By participating in the Contest, entrants consent to the use of their name, address, postal code, e-mail address, telephone number, social media handles, comments and image, whether on videotape, photograph or any other means, for the administration of this Contest or any publicity carried out by the Sponsor, without further notice or compensation, as may be edited in Sponsor’s sole discretion.  If they have agreed to receive promotional information from the Sponsor or RedTag.ca, entrants may opt out of receiving promotional materials and still participate in this Contest without affecting their odds of winning.  All information provided in this Contest provided to Sponsor not Facebook.
Law: The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws.  For residents of Quebec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the board for a ruling.  Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purpose of helping the parties reach a settlement.  For residents of all other jurisdictions, this Contest shall be governed exclusively by the laws of the province of Ontario and the federal laws of Canada applicable therein, and any dispute shall be adjudicated by the courts sitting in Toronto.

Rule amendments: The Sponsor reserves the right, in its sole discretion, subject to the approval of the RACJ, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.

Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are, unless otherwise stated, owned by the Sponsor.  All rights are reserved.  Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited.  The Sponsor’s marketing or other partners, if any, shall also have access to and rights to reproduce, copy or otherwise use any materials generated by this Contest or any submissions or materials generated by entrants.

© YWE Management Inc. 2016.  All Rights Reserved.