Legal

MOTT'S* CLAMATO* PRESENTS:

"HOW SPICY DO YOU LIKE IT?" CONTEST
OFFICIAL RULES AND REGULATIONS

1. PROMOTIONAL PERIOD. The "How spicy do you like it?" contest ("Contest") is brought to you by Mott's Canada, a subsidiary of Cadbury Beverages Canada Inc. (the "Sponsor"). Contest Close Date: September 15, 2005 at 11:59 PM ET.
   
   
2. HOW TO ENTER: NO PURCHASE NECESSARY. To enter, visit the contest page at www.mottsclamato.com, complete the online contest entry form in full, including a description, in 150 words or less, of "Your Spicy Story" - any story that you think is fit to be called "Spicy"; confirm that you have read and agree to be bound by the Official Contest Rules, and submit your entry online. Stories will be judged based on originality, true-to-life descriptions and relevance to promotion. There is a limit of one (1) online contest entry per person and per e-mail address per day during the Contest Period and only one (1) e-mail address may be used by any person to participate in the Contest. You may also enter by writing your full name, address, age, daytime telephone number, and "Your Spicy Story", in 150 words or less, on a blank piece of paper and mail it in a postage-stamped envelope to: "How spicy do you like it?" Contest, P.O. Box 75070, Toronto, ON M4W 3T3. You may enter by mail as many times as you wish, but each entry must be mailed in a separate envelope bearing sufficient postage and must be post-marked by no later than August 31, 2005 and must be received at the above address no later than 5:00pm (ET) on September 15, 2005.
   
   
3. PRIZE: There is one (1) prize (the "Grand Prize" or "prize") available to be won consisting of a trip for two, including return economy airfare departing from the International airport nearest to the winner's residence to a choice of either Grand Lido Varadero all-inclusive resort in Cuba OR Hedonism 2 all-inclusive resort in Jamaica, including 7 nights / 8 days accommodation at respective resort. All other expenses not specifically mentioned herein, including but not limited to transfers, gratuities, entertainment, extra meals, local and long distance phone calls, rental car, travel insurance, visas, travel documents, tax, and all other personal expenses, are the sole responsibility of the winner. No responsibility is assumed by Sponsor for cancelled, delayed, suspended, or rescheduled trip after ticketing of prize for any reason whatsoever. Airline flights and accommodations are subject to availability, blackout periods, government restrictions and regulations, and hotel, airline, tour operator, airport or other transportation restrictions and regulations. Winners and travel companion must have all necessary identification and/or travel documents required for travel. Winner and travel companion must travel on the same itinerary booked by an agent of the Sponsor's choice. Approximate Retail Value is $8,000 CAD [based on travel from Toronto airport?]. Actual value depends on winner's point of departure and airfare fluctuations. In the event that the total value of the prize package selected by the winner and confirmed by the Contest Sponsor is less than $8,000 CAD, the unused portion of the $8,000 prize, up to a maximum of $1,000 CAD, will be given to the winner as spending money. Trip must be taken within one (1) year of awarding of prize, with minimum 30 days advance notice given to book all elements. Winner and travel companion must sign and return a release of liability and publicity ("Release") to be awarded prize. Travel companion must be a Canadian resident and must sign and return a release of liability and publicity. If travel companion is under the age of majority, he/she must have his/her parent or legal guardian sign and return the Release on their behalf.
   
   
4. THE SELECTION: One (1) Grand Prize Winner will be selected by an independent judging organization in Toronto ON at or about 9:00 a.m. (ET) on October 31, 2005 ("The Contest Draw Date") from all entries received on or before the Contest Closing Date. Entries will be judged based on the following criteria: originality, true-to-life descriptions and relevance to promotion. All stories must be original and not infringe the rights of any third party. Selected entrant will be required to sign an affidavit to this effect and to consent to the use of their story by the Sponsor in perpetuity in any media worldwide. Copyright will remain with author. The odds of winning depend on the total number and quality of entries received.
   
   
5. ELIGIBILITY: To enter and be eligible to win, a person must be a legal resident of Canada over the age of majority in his/her province of residence. To enter online, you must also have a valid email address, Internet access, and a web browser that is compatible with Netscape 6.2 or higher, MS Internet Explorer 5.0 or higher, or AOL 7.0 or higher. You are not eligible if you are an employee of Sponsor, their advertising or promotional agencies, the Independent Judging Organization, the prize suppliers; or if you are domiciled with any of the above persons. For participants who do not have Internet access via a personal computer, your local library or Internet Café may be able to provide access to the Internet. Some service providers offer free email service and Internet access.
   
   If a selected entrant is found to be ineligible, declines to accept the prize, or in the event that a prize confirmation or prize is returned undeliverable, another eligible winner will be selected. Selected entrant may be required to furnish proof of identification that may include a driver's license. Before being declared a winner, selected entrant and trip prize traveling companion (or their parent/legal guardian if a minor) will be required to sign a Declaration of Compliance with the Official Rules, a Declaration of Eligibility, and Release of Liability and Publicity, releasing Sponsor, their advertising and promotional agencies, the Independent Judging Organization, the Prize Suppliers, and all of their respective affiliates, directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively, the "Releases") from any liability or claims in connection with this promotion or the prize. Declaration and Release documents must be returned within fourteen (14) business days of the date of receipt, or prize will be forfeited and selected entrant disqualified. By accepting or participating in a prize, entrant consents to the use of his/her name, voice, statement, photograph or other likeness by the Sponsor, without further compensation or notice, in any publicity and/or media carried out by Sponsor in connection with this promotion.
   
   
6. HOW TO CLAIM YOUR PRIZE: If you are a selected entrant, you will be notified via telephone within ten (10) days of the Contest Draw Date. In order to be declared a winner, the selected entrant must correctly answer a time-limited, mathematically skill-testing question. Allow 4 - 6 weeks for verification and fulfillment of your prize. Prizes are not transferable or convertible into cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize of equal or greater value. Prizes will only be delivered to verified winner.
   
   CONDITIONS OF ENTRY:
   
   
7. Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Independent Judging Organization, made in their sole discretion, which shall be final and binding in all matters relating to this promotion. Entrants who have not complied with these Official Rules are subject to disqualification.
   
   
8. Sponsor and Releases are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible, unintelligible, or incomplete entries or for postage delays, faulty computer components, software or links, the loss or nonexistence of communications capability, or faulty, incomplete, incomprehensible, or erased computer or network transmissions that delay entry or render an individual ineligible for this Contest. Proof of transmission (screenshots, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender. Sponsor may withdraw or cancel this contest or promotion in the event of a printing or administrative error, or for any other reason whatsoever.
   
   
9. Without limiting the release of liability provisions herein, and for greater certainty, the Contest Entities will not be liable for: a) any incorrect or inaccurate information, whether caused by contest website users or by any equipment or programming associated with or utilized in the contest or by any technical or human error which may occur in the processing of entries in the contest; b) any error, omission, interruption, deletion, defect or delay in operation of the contest website or any transmission in connection with the contest; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of e-mail which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to entrants' or to any other person's computer related to or resulting from participating or downloading materials in this contest. If the contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause of any nature whatsoever beyond the reasonable control of the Contest Entities which corrupt or affect the administration, security or proper conduct of this contest, Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the contest, in whole or in part, or modify it in any way, subject to the approval of the Régie des alcools, des courses et des jeux in respect of residents of Quebec.
   
   
10. Sponsor reserves the right at its sole discretion to disqualify any individual from the contest, and to ban that individual from any future promotion of Sponsor, if Sponsor finds or believes such individual to be tampering with the entry process or the operation of the contest or where applicable, the contest website; to be acting in violation of the contest rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass Sponsor, Sponsor's agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
    
    
11. Disputes re e-mail entries. In the event of a dispute as to who submitted an e-mail entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selected entrants may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected entry.
    
    
12. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
    
    
13. Entrants and/or winners assume liability for injuries caused, or claimed to be caused by participating in the promotion, by the acceptance, possession, or use of any prize awarded, including but not limited to claims/damages for personal injury, or property damage.
    
    
14. 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.
    
    DISCLOSURES:
    
    
15. This Contest is subject to all federal, provincial, and municipal laws and regulations.
    
    
16. We respect your right to privacy of your personal information. To review our privacy policy, please visit our web site at www.mottsclamato.com. All information collected from entries will be used solely for the purpose of administering this Contest, unless you agree otherwise.
    
    

Mott's* Clamato* is a trademark, used under license by Cadbury Beverages Canada Inc.