July 2024 Giveaway Rules (USA)

1. The Contest

1.1 The "Survey Giveaway 2024" contest (the "Contest") is organized by Fondussimo.

2. Eligibility

2.1 To be eligible to participate in the Contest, a participant ("Participant") must: (a) be a natural person; and (b) be a legal resident of the United States and (c) have reached the age of 18 at the time of entry into the Contest.

2.2 Employees of Fondussimo and its partners, affiliated companies, advertising and promotion agencies, and parties involved in the development, production, and distribution of Contest materials, as well as those domiciled with such individuals and immediate family members, are not eligible to enter the Contest. For the purposes of these rules, "immediate family" includes father, mother, brother(s), sister(s), child(ren), husband, wife, or partner of such person, whether or not they are domiciled at the same address.

2.3 Fondussimo reserves the right to request proof of identity or eligibility from Participants at any time. Failure to provide such proof within a reasonable time frame may result in disqualification.

2.4 All information provided to Fondussimo for the purposes of this Contest must be truthful, accurate, and complete. Fondussimo reserves the right to disqualify any Participant whose entry contains false, inaccurate, or incomplete information.

3. Contest Period

3.1 The Contest begins on July 5, 2024, at 5:00 PM (EST) (the "Contest Opening Date") and ends on July 20, 2024, at 3:00 PM (EST) (the "Contest Closing Date"). The period between the Contest Opening Date and the Contest Closing Date is the Contest Period (the "Contest Period").

4. How to Enter the Contest

4.1 No purchase is necessary to enter the Contest. To enter the Contest, during the Contest Period, a Participant must visit the following address: FORM (the "Contest Site"). The Participant must complete the entry form by providing their email address, postal code, and phone number.

4.2 Fondussimo reserves the right, at its sole discretion, to request proof of identity or eligibility from Participants at any time. Only one entry per Participant for the entire Contest Period. Fondussimo reserves the right, at its sole discretion, to disqualify any person who violates or attempts to violate the Contest Rules. Automated entries are strictly prohibited, and any direct or indirect use of automated devices will result in immediate disqualification of the Participant and their accomplices, with Fondussimo reserving all rights and remedies against the user of such automated devices and their accomplices.

4.3 Fondussimo suggests that Participants without Internet access check with their local library or visit a public place providing free Internet access to participate in the Contest as specified in Article 3.1 of the Rules.

5. Selection of the Winner

5.1 Grand Prize (detailed in paragraph 6.1)

(a) One (1) finalist for the Grand Prize (the "Finalist") will be selected in a random draw from all eligible Entries received. The draw will take place on July 25, 2024, between 10:00 AM (EST) and 2:00 PM (EST) at Fondussimo’s offices. The chances of winning a Grand Prize depend on the number of eligible entries received during the Contest Period.

(b) The Grand Prize Finalist will be notified by email and phone within seven (7) to ten (10) business days following the date they are selected as a Finalist. If a Grand Prize Finalist does not respond to Fondussimo's representative by email or phone within five (5) business days of first contact, the Finalist will be disqualified, and another Finalist will be selected from all remaining valid Entries. If Fondussimo is unable to notify this new Finalist within a reasonable time or if the new Finalist does not respond to Fondussimo’s representative by email or phone within five (5) business days, the new Finalist will be disqualified, and Fondussimo reserves the right to cancel the Grand Prize (as defined below) or select another Finalist from all remaining valid Entries.

(c) To be declared a Grand Prize winner (a "Winner"), each Grand Prize Finalist must correctly answer a mathematical skill-testing question without any assistance (including mechanical assistance) and complete and sign a Declaration and Release Form (the "Declaration and Release Form") acknowledging and confirming compliance with the Contest rules and releasing Fondussimo and any other organization involved in awarding the Grand Prize or in the Contest, and their respective employees, from any injury, accident, loss, or misfortune related to the Contest, the Grand Prize, or the awarding of the Grand Prize.

(d) The completed and signed Declaration and Release Form must be received by Fondussimo no later than ten (10) days following Fondussimo's transmission of the Declaration and Release Form to the Finalist. Otherwise, the Finalist who does not meet this condition will be disqualified, and Fondussimo reserves the right to select a new Finalist from all remaining valid Entries or to consider the Grand Prize abandoned.

6. Description of the Grand Prize

One (1) grand prize (the "Grand Prize" or "Prize") will be awarded in this Contest, consisting of one (1) Fondussimo EVOLUTION Mini 3-in-1 fondue set. The approximate retail value of the Grand Prize is $250.00 CAD (including applicable taxes and shipping fees). Each Winner is responsible for all expenses not specified herein.

6.1 Upon receipt of the completed and signed Declaration and Release Form, Fondussimo will send the Grand Prize to the Winner at the address provided. Fondussimo makes no warranties or conditions of any kind regarding the Grand Prize.

7. General Conditions

7.1 Entries become the property of Fondussimo and will not be returned.

7.2 Any attempt to deliberately damage any property, the Contest Site, or any related website, or to undermine the legitimate operation of this Contest constitutes a violation of criminal and civil laws. Should such an attempt be made, Fondussimo reserves the right to seek damages to the fullest extent permitted by law, including criminal prosecution.

7.3 Entries are subject to verification and will be declared invalid if they are received outside the specified time limits, are illegible, incomplete, mechanically reproduced, mutilated, counterfeit, falsified, or altered in any way.

7.4 No correspondence regarding the Contest will be entered into except with the Finalist and Winner.

8. Participant Indemnification

8.1 By participating in the Contest, a Participant: (a) releases Fondussimo and the Prize suppliers and their directors, officers, employees, parent companies, subsidiaries, partners, suppliers, sponsors, and agents from any injury, loss, or damage of any kind caused to the Participant or any other person, including property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of any Prize, participation in this Contest, any violation of these rules, or any Prize-related activity; and (b) agrees to fully indemnify Fondussimo and their directors, officers, employees, parent companies, subsidiaries, partners, sponsors, and agents from all third-party claims related to this Contest and any violation of these rules by the Participant or any Prize-related activity, without limitation.

9. Conduct

9.1 By participating in this Contest, the Participant agrees to be bound by these rules, which are posted on the Contest Site during the Contest Period. The Participant also agrees to comply with Fondussimo's decisions, which are final.

9.2 Fondussimo reserves the right, at its sole discretion, to disqualify a Participant who: (a) violates these Contest rules; (b) tampers or attempts to tamper with the entry process or the operation of the Contest; (c) acts in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass another person.

9.3 The Prize must be accepted as awarded and cannot be substituted for cash or otherwise, except as agreed by Fondussimo. Fondussimo reserves the right to substitute a Prize of equivalent value if any Prize cannot be awarded as stipulated in these Rules. Any part of a Prize not accepted by the respective Winner will be deemed forfeited. Fondussimo makes no warranties, express or implied, regarding the safety, appearance, or performance of any Prize or Prize-related activity. By accepting the Prize, the Winner acknowledges that any applicable warranties, if any, are provided solely by the Prize supplier to Fondussimo and are transferable and/or manufacturer warranties. The Winner shall have no recourse against Fondussimo regarding any warranty related to the Prize in any circumstance. In the event that the Winner does not use all or part of the Grand Prize for any reason, they shall not be financially compensated and such elements shall become void. Fondussimo shall not be liable in any way for any event leading to the cancellation of the Grand Prize or for events beyond its control that result in the Grand Prize or part of the Grand Prize not being awarded.

9.4 Fondussimo reserves the right, at its sole discretion, to exclude from this Contest and any other future contest or promotion held by Fondussimo any person who is found guilty or suspected of tampering with the handling of Entry Forms, the conduct of the Contest, or the Contest Site, or who has breached these Rules or acted in a manner that is disruptive or intended to annoy, harass, threaten, or harass another person. ANY PARTICIPANT OR OTHER PERSON WHO DELIBERATELY DAMAGES A WEBSITE OR UNDERMINES THE LEGITIMATE OPERATION OF THE CONTEST COMMITS A CRIMINAL OFFENSE AND A TORT, AND FONDUSSIMO RESERVES THE RIGHT TO CLAIM ALL DAMAGES IT IS ENTITLED TO UNDER THE LAW IN SUCH CASE.

10. Limitation of Liability

10.1 Fondussimo assumes no responsibility for Bulletins, communications, responses, Declaration and Release Forms that are lost, late, destroyed, misdirected, or for any technical defect including due to computer, software, telecommunications network, telephone, or online connection.

10.2 Fondussimo assumes no responsibility for any incorrect or inaccurate information, whether caused by users, equipment or programming associated with or used in the Contest, or any human or technical error that may occur in the administration of the Contest.

10.3 Fondussimo reserves the right, subject to the consent of the Régie des alcools, des courses et des jeux (the "Régie"), to cancel, suspend, or modify the Contest if a virus, bug, or other computer problem, unauthorized human intervention, or any other cause beyond Fondussimo's control alters or affects the administration, security, fairness, integrity, or proper conduct of this Contest.

11. Release / Privacy / Use of Information Provided by Participant

11.1 By participating in this Contest, each Participant consents to Fondussimo or its authorized agents collecting, using, and disclosing their personal information provided via the Entry Form for the purposes of administering this Contest and awarding the prize. Once submitted, Entry Forms become the property of Fondussimo and will not be returned.

11.2 Personal information may be disclosed to third parties retained by Fondussimo for storage, management, or other similar services, subject to applicable laws regarding the protection of personal information and Fondussimo's internal policy in this regard. The record containing personal information will be kept at Fondussimo's offices or at its service providers' offices or on their servers, and employees who require access to such record to perform their duties will have access to it. To the extent permitted by law, individuals may request access to the record containing their personal information and correction of such information by contacting Fondussimo.

11.3 By accepting a Prize, the Winner grants Fondussimo the right to produce, reproduce, publish, broadcast, transmit by telecommunication, display, distribute, adapt, use, or reuse, in any manner whatsoever in connection with the Contest, its promotion or operation, their name, address (city, province), voice, statements, image, photos or other representations and recordings for advertising purposes in all media and all formats, including but not limited to the Internet, without further notice or compensation, and each Winner must sign a document to this effect.

12. Intellectual Property

12.1 All intellectual property rights in all promotional material, Contest Site, web pages, and source code related to the Contest are owned by Fondussimo, its group companies, or licensors or its business partners. All rights reserved. Unauthorized copying or use of copyrighted or trademarked material without the express written consent of its owner or holder is strictly prohibited. This Contest is not sponsored, endorsed, administered, or associated with any Prize provider or part thereof offered.

13. Facebook/Instagram

13.1 The Contest is in no way endorsed, administered, or managed, nor sponsored, by Facebook, Instagram, Pinterest, or any other media used for promoting the Contest. Each of Facebook, Instagram, Pinterest, or any other media used for promoting the Contest shall not be liable for any matters related to the Contest.

14. Laws

14.1 This constitutes the official rules of the Contest. This Contest is subject to federal, provincial, and municipal laws and regulations. Subject to approval by the Régie, the rules of this Contest may be amended without notice to ensure compliance with all federal, provincial, and municipal laws or the policy of any entity having jurisdiction to govern Fondussimo.

15. Régie des alcools, des courses et des jeux

15.1 Any dispute concerning the organization or conduct of this Contest may be submitted to the Régie for a ruling. Any dispute regarding the awarding of a Prize may be submitted to the Régie solely for the purpose of attempting to resolve it.

16. Winner's List

16.1 Within (30) business days following July 25, 2024, the name of the Winner will be disclosed on the Contest Site for a period of at least thirty (30) days.