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Social Media Contest Program

Mac’s Convenience Stores Inc. Social Media Contest Program 
in association with Circle K Stores. 

PROGRAM RULES AND REGULATIONS 
March 2019

1. OFFICIAL RULES AND REGULATIONS 

The following are the Official Rules and Regulations (the "Rules") of the Mac’s Convenience Stores Inc. (“Mac’s”) Social Media Contest Program (the “Program”). This is a program of Mac's Convenience Stores Inc., a subsidiary of Alimentation Couche-Tard Inc. (the "Sponsors"), which includes stores operating as Circle K. These Rules and Regulations apply to contests on the Circle K Western Canada Facebook page at www.facebook.com/CircleKWesternCanada (the “Circle K Western Canada Facebook Page”) and/or the Circle K Western Canada Instagram page at www.instagram.com/CircleKWesternCanada (the “Circle K Western Canada Instagram Page”); unless separate Rules and Regulations are posted and referenced by specific contest posts on the Circle K Western Canada Facebook Page or Circle K Western Canada Instagram Page. This Program is void, in whole or part, where prohibited by law and is subject to all Federal, Provincial and Municipal Laws and Regulations. There is no purchase necessary to participate in the Program. The Program is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.

This Program includes various contests posted to the Circle K Western Canada Facebook Page and/or the Circle K Western Canada Instagram Page (collectively the “Circle K Western Canada Social Pages”) from time to time. Certain details for each contest such as the requirements for participation and prizes available to be won may be specified within one or more posts on the Circle K Western Canada Social Pages (the “Contest Requirements”). The Contest Requirements are incorporated into these Rules and Regulations and are to be interpreted together.

In order to participate in the Program, you (the “Participant”) may require a valid Facebook (www.Facebook.com) account and/or a valid Instagram (www.Instagram.com) account.

Subject to the applicable laws, these Rules govern all aspects of the Program including the Contest Requirements, and are binding upon all Participants. In the event of any inconsistency between the Rules and the conditions and explanations appearing on any other documents, including Contest Requirements, these Rules shall take precedence.

By participating in the Program, the Participant warrants that he/she, or in the case of an eligible minor as described in the “Eligibility” section below, the Participant’s parent or legal guardian, fully and unconditionally agrees to and accepts these Rules and the decisions of the Sponsors and their agents, including their interpretation of these Rules if applicable, which are final and binding in all matters related to the Program. Winning a prize is contingent upon fulfilling all requirements set forth herein.

In the event of a dispute regarding who submitted an on-line entry, all decisions will be at the sole discretion of the Sponsors.

The Sponsors reserve the right to make changes to the Program at any time, with or without notice, in their sole discretion, for any reason whatsoever.

2. ELIGIBILITY

This Program is open only to legal residents of British Columbia, Alberta, Saskatchewan, Manitoba and Northwest Territories (the “Western Region”) and Ontario (the “Central Region”) who are 13 years of age or older and fulfill the registration requirements. Selected Participants may be required to prove their age at the time of redeeming their prizes. Winning Participants under the age of majority in their province/territory of residence must have a parent or legal guardian enter and accept the prize on their behalf.

Individual contests may be valid in (i) only the Western Region; (ii) only the Central Region; (iii) both the Western Region and the Central Region; (iv) specific Provinces; (v) specific cities; (vi) any designated geographic area; (the “Eligible Area”). Individual contests will specify the Eligible Area. Participants from outside a contest’s Eligible Area are allowed to comment on, like or otherwise engage with a contest post, however only entries by Participants who are legal residents of the Eligible Area are eligible to win a prize.

The Sponsors, and their respective members and associates are not eligible to win any of the prizes. This includes: store operators, employees, or officers of Mac's Convenience Stores Inc. (including Circle K Stores, independent Mac's, Winks or Daisy Mart), 612 Creative Inc., Alimentation Couche-Tard Inc. and each of their respective advertising agencies and their immediate family members.

3. PROGRAM PERIOD

This Program includes various contests posted to the Circle K Western Canada Social Pages from time to time. The Program will continue until such time that the Sponsors choose to cancel the Program, which may occur at any time, with or without notice.

Time periods for individual contests may be specified within one or more posts on the Circle K Western Canada Social Pages. If no time period is specified, the Sponsors, or their designated representatives, may award prizing at any time following notification of the Contest Requirements, such as posting them on the applicable Circle K Western Canada Social Pages.

4. HOW TO PARTICIPATE IN THE PROGRAM

There are many different ways to win. Please refer to the Contest Requirements found on applicable posts on the Circle K Western Canada Social Pages (the “Post”) for instructions on how to enter.

Where the Contest Requirements instruct Participants to submit a comment or response (the “Response”), the Response must: (i) be written in English or French; (ii) satisfy all applicable instructions provided in the Contest Requirements; (iii) be posted as a comment on the relevant post on the applicable Circle K Western Canada Social Page(s); (iv) comply with the applicable terms, rules, policies and guidelines of Facebook (the “Facebook Rules”) and/or Instagram (the “Instagram Rules”) all as determined by the Sponsors in their sole discretion. Any Response that does not comply with these Rules and/or the applicable Facebook Rules and/or the applicable Instagram Rules (all as determined by the Sponsors at their sole discretion) will be deemed ineligible and will not entitle the individual to an entry in this Program.

Unless otherwise specified, the maximum number of entries that a participant can earn, regardless of how many Responses he/she submits, is one (1) entry per Post. If a Facebook or Instagram account used to enter the Program is closed before the deadline specified in the Contest Requirements, or before the Participant is contacted by the Sponsors to receive a Prize, any entries made by that Participant via the closed account will be deemed ineligible and will not entitle the individual to an entry in this Program.

By participating in the Program, each Participant hereby warrants and represents that any Response he/she submits: (a) is original to him/her and that the Participant has obtained all necessary rights in and to the Response for the purposes of entering such Response in the Program; (b) does not violate any law, statute, ordinance or regulation; (c) does not contain any reference to or likeness of any identifiable third parties; (d) 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 (e) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: (i) nudity; alcohol/drug consumption or smoking; (ii) explicit or graphic sexual activity, or sexual innuendo; (iii) crude, vulgar or offensive language and/or symbols; (iv) derogatory characterizations of any ethnic, racial, sexual, religious or other groups; (v) content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; (vi) the personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); (vii) commercial messages, comparisons or solicitations for products or services other than the Sponsors; (viii) any identifiable trade-marks and/or brand names (other than those of the Sponsors); (ix) conduct or other activities in violation of these Rules; and/or (x) any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsors in their sole discretion.

The Sponsors and/or their promotional agency or a content moderator designated by the Sponsors (the “Reviewer”) reserves the right to screen all Responses. Any Response that the Reviewer deems, in its sole discretion, to violate these Rules and/or the Facebook Rules and/or the Instagram Rules are subject to disqualification. The Reviewer reserves the right, in its discretion at any time and for any reason, to request a Participant to modify, edit and/or re-submit his or her Response in order to ensure that the Response complies with these Rules and/or the Facebook Rules and/or the Instagram Rules, or for any other reason. If such an action is necessary at any point during or after the Program, then the Sponsors reserve the right, in their sole discretion, to take whatever action they deem necessary based on the circumstances – including, without limitation, disqualifying the Response (and therefore the corresponding Entry/Prize, if any, and/or the associated Participant) – to ensure that the Program is being conducted in accordance with the letter and spirit of these Rules.

Any attempt to earn extra entries by using multiple/different email addresses, identities, registrations or logins, or any other methods will void that Participant’s entries and that Participant may be disqualified from the Program. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries by that Participant.

5. PRIZES

This Program includes various contests posted to the Circle K Western Canada Social Pages. Prizes are as presented in the Contest Requirements of applicable posts. Prizes are awarded with respect to the program to which the Contest Particulars state they relate.

All prizes must be accepted as awarded, and are non-assignable and non-transferable. Indicated prizes will be awarded while supplies last. No substitutions are available. The Sponsors, in their sole discretion, reserve the right to (i) substitute all or any portion of the Prizes with another prize or portion thereof of equal or greater value; (ii) limit the number of prizes awarded to the same person, Facebook user, Instagram user, or physical address; and (iii) modify any other awards, discounts, associated quantities and award schedules at any time during the Program. A promotional prize offering cannot be combined with any other offer.

6. SELECTION OF WINNERS

For each program offered and as detailed in the Contest Requirements, unless otherwise stipulated, selection of winners will be by random draw, which may be initiated by a Program administrator (human) and processed by an algorithm (computer program) that simulates a random draw. The Sponsors reserve the right to select any entrant for any reason. All decisions are final.

The Sponsors reserve the right to limit prizes awarded to the same individual or the same household during any 90 day period.

The Sponsors or their designated representative will attempt to contact selected Participants by any means available, including but not limited to any one or more of the following: (i) posting to one or more of the Circle K Western Canada Social Pages; (ii) commenting on a post on one or more of the Circle K Western Canada Social Pages; or sending a private message via one or more of the Circle K Western Canada Social Pages. Once contacted selected Participants must confirm contact by reply email within five (5) business days. If the selected Participant cannot be contacted or does not confirm contact as described; then the selected Participant may be disqualified and an alternate Participant will be determined from the remaining eligible Participants, in compliance with these Rules. The Sponsors will not be responsible for selected Participants who cannot be contacted or who do not respond in a timely manner. The number of contact attempts and the time given for responding may vary, with or without notice, during the Program, and will remain the sole discretion of the Sponsors, or their designated representatives.

The odds of winning may vary throughout the Program depending on the number of Participants.

7. PRIZE REDEMPTION

Before being declared a winner and being awarded a Prize, the selected Participant may be required to do any or all of the following: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question; (ii) supply proof of age consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification; (iii) supply proof of address consisting of a legible photocopy of either a provincially issued driver’s license or other government issued identification. The selected Participant may also be required to sign and return within five (5) business days the Sponsor’s Declaration and Release Form (the “Release Form”), which (among other things): (i) confirms compliance with these Rules and acceptance of the applicable Prize as awarded without substitution; (ii) releases the Sponsors, their respective affiliated and related companies, the prize suppliers, advertising and promotional agencies, the independent contest judging organization and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns from any liability in connection with this Program, the selected Participant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iii) agrees to the publication, reproduction and/or other use of his/her name, Facebook and/or Instagram username, Circle K Western Canada username, address, voice, statements about the Program and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the Internet.

Declining the Prize, failing to correctly answer the mathematical skill-testing question or failing to return the properly executed Release Form within the time period indicated on the Release Form will cause the Prize to be forfeited and a new winner selected in accordance with the process for the applicable Prize, as described above in “Selection of Winners”.

Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, forged, falsified, altered or tampered with in any way. All prize claim and related forms become the property of the Sponsors.

In most cases, Prizes will be delivered to winners at the address submitted within four (4) to eight (8) weeks of receiving their correctly completed prize claim form. The Sponsors are not responsible for contacting or forwarding prizes to winners who leave unclear or incomplete information, or for prizes lost, misdirected, delayed or destroyed while in transit from the Sponsors' premises.

8. USE OF PERSONAL INFORMATION

By participating in the Program, Participants, or in the case of eligible minor Participants, their parent and/or legal guardian, consent to the use of their names, cities of residence, photographs and/or images on video tape for publicity purposes in all media carried out by Mac's Convenience Stores Inc., its affiliates, and/or the promoters of their designation (the “Promotion Group”) or by the Sponsors without payment or compensation or liability for use of same.

Mac's Convenience Stores Inc. and the Promotion Group commit themselves to collect and use the personal information requested from Prize winners, such as name, address, telephone number, e-mail address and cell phone number in regard to the Program, solely and exclusively for the purposes of prize redemption and delivering the prize as provided for in the Rules.

Mac's Convenience Stores Inc. and the Promotion Group will never, rent, sell or otherwise communicate or give out your Personal Information to any other person without your prior consent, which you may refuse or withdraw at any time. PLEASE REFER TO OUR ONLINE PRIVACY POLICY (https://www.circlek.com/ca/western/privacy-policy) and website TERMS OF USE (https://www.circlek.com/ca/western/terms-of-use) at https://www.circlek.com/ca/western.

9. LIMITATION OF LIABILITY

By participating in the Program, you release without limitation the Sponsors, their respective affiliated and related companies, advertising and promotional agencies, the prize suppliers, the independent contest judging organization, Facebook, Instagram, and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with this Program, the selected Participant’s participation therein and/or the awarding and use/misuse of any Prize or portion thereof.

Without limiting the generality of the foregoing, the Released Parties are not responsible or liable for: (i) incorrect or inaccurate entry of registration or entry information which may affect a Participant’s ability to participate in the Program; (ii) human errors, technical malfunctions, lost/delayed/corrupted data transmissions, omissions, interruptions, deletions, defects, line failures of any communications network, computer equipment, software or any combination thereof; (iii) any inability of a Participant to access the website, or damage to a user's system occasioned by participating in the Program; (iv) entries which fail to fully comply with these Rules; and (v) any behaviors of the Facebook and/or Instagram website(s) and/or applications, including but not limited to deficiencies, errors and unavailability, that may impact a Participants entry, or ability to enter. Entries are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.

The Released Parties are not responsible for contacting or forwarding prizes to winners who leave unclear or incomplete information, or for prizes lost, misdirected, delayed or destroyed while in transit from the Sponsors' premises. All prize claim and related forms become the property of Mac's Convenience Stores Inc.

This Program is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.

10. SUSPENSION OR TERMINATION OF A PROGRAM

Mac's Convenience Stores Inc. reserves the right, in its sole discretion to cancel or suspend the Program, which includes Contest Requirements, or portions of the Program, in the case of tampering, fraud, equipment failure, security breaches or for any reason whatsoever. Any attempt to deliberately damage or tamper with the Program, interfere with the proper administration of the Program or undermine the legitimate operation of the Program is a violation of criminal and civil laws, and should such an attempt be made, Mac's Convenience Stores Inc. and the Promotion Group reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal and/or civil prosecution. Prize claims are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, forged, falsified, altered or tampered with in any way.

In the unfortunate event either the https://www.circlek.com/ca/western website crashes or experiences technical difficulties, Mac's Convenience Stores Inc. and the Promotion Group are not responsible or liable for the same or for any consequences thereof.

11. GENERAL

These Rules shall be governed by and construed in accordance with the laws of the Province of Alberta, and the laws of Canada, as applicable therein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action arising out of or connected with these Rules shall be resolved individually, and exclusively by the courts in Calgary, Alberta. The invalidity or unenforceability of any provision of these Rules 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 Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

For further Program details or inquiries contact a promotional representative at:

For Customer in the West (BC, AB, SK, MB, NWT):

Mac’s Social Media Contest Program c/o 612 Creative 
#204 – 768 Columbia Street 
New Westminster, British Columbia V3M 1B4 
Attention: Social Media Contest Program

“Froster®” is a registered trade-mark of ALIMENTATION COUCHE-TARD INC. All other registered and unregistered trademarks presented are owned by their respective owners.