1. PROGRAM DESCRIPTION
This Social Media Contest Program (the “Program”) is sponsored by Circle K Stores Inc. (the “Sponsor”) and, unless otherwise indicated in writing, applies to various contests (each a “Contest”) posted on:
(i) the Circle K Facebook page at www.facebook.com/circlekstores (the “Facebook Page”);
(ii) the Circle K Instagram page at www.instagram.com/circlekstores (the “Instagram Page”); and/or
(iii) the Circle K X page at www.x.com/circlekcan (the “X Page”). The Facebook Page, the Instagram Page and the X Page (formerly Twitter) are collectively, the “Circle K Social Media Pages.”
Unless separate rules and/or regulations are posted and referenced within a specific Contest post on the Circle K Social Media Pages, these – Social Media Contest Program Rules (the “Rules”) apply to the various Contests posted on the Circle K Social Media Pages from time to time. Additional details for each Contest such as the Contest period, the Eligibility Area (as such term is defined below), the requirements for participation and the number and description of prizes available to be won may be specified within one or more posts on the Circle K Social Media Pages (the “Contest Requirements”). The Contest Requirements are hereby incorporated into these Rules and are to be incorporated together.
2. ELIGIBILITY
Circle K Contests are open only to legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Void where prohibited. Employees of Circle K Stores Inc. and their respective parents, affiliates, subsidiaries, distributors, sales representatives, and all other service agencies involved with the Giveaway and members of their immediate family (spouse, parents, siblings, and children) and household members (whether related or not) of each such employee are not elig/ible to participate or win. In order to enter the Giveaway or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway.
3. PROGRAM PERIOD
The Program will continue until such time that the Sponsor chooses to cancel the Program, which may occur at any time, with or without notice. The Contest period for each Contest will be specified within one or more posts on the Circle K Social Media Pages (the “Contest Period”). The clock used by Sponsor to compute Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.
4. HOW TO PARTICIPATE IN THE PROGRAM. NO PURCHASE NECESSARY.
A valid email address and, as applicable, a Facebook, Instagram and/or X account required. An account can be created for free at www.facebook.com, www.instagram.com and/or www.x.com.
This Program includes various Contests posted to the Circle K Social Pages. To enter a Contest, during the Contest Period, follow the Contest Requirements on the Contest post(s) (each a “Contest Post” and collectively, the “Contest Posts”) found on the Circle K Social Media Pages. Each Contest may have one (1) or more Contest Post.
Entrants must have their social media profile set to public. Limit of one Entry per person per Platform during the Giveaway Period for a maximum of three Entries per person
Any attempt by any participant to obtain more than the stated number of entries by using multiple/different Platform accounts, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate in the Giveaway is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
LIMIT: unless otherwise specified, one (1) Entry per person per Contest Post during the Contest Period.
By participating in the Contest, each entrant hereby warrants and represents that any Response he/she submits: (a) is original to him/her and that the entrant has obtained all necessary rights in and to the Response for the purposes of entering such Response in the Contest; (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 Sponsor; (viii) any identifiable trade-marks and/or brand names (other than those of the Sponsor); (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 Sponsor in its sole discretion.
The Sponsor, its promotional agency and/or a content moderator designated by the Sponsor (the “Reviewer”) reserves the right to screen all Responses. Any Response that the Reviewer deems, in its sole discretion, to violate these Rules, the Facebook Rules, the Instagram Rules and/or the X Rules are subject to disqualification. The Reviewer reserves the right, in its sole discretion, at any time and for any reason, to hide/delete a Response with or without prior notification to the entrant and/or request an entrant to modify, edit and/or re-submit his or her Response in order to ensure that the Response complies with these Rules, the Facebook Rules, the Instagram Rules and/or the X Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Response (and therefore the corresponding Entry/Prize, if any, and/or the associated entrant) – to ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.
The entrant must submit each Entry personally. The entrant may only use one (1) Facebook, Instagram and/or X account in connection with the Contest. Sponsor is not responsible for lost, late, undelivered, invalid, unintelligible, incomplete, misdirected, illegible, or damaged Entries, which will be disqualified. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Without limiting the generality of the foregoing, if a Facebook, Instagram or X account used to enter the Contest is closed before the deadline specified in the Contest Requirements, or before the entrant is contacted by the Sponsor to receive a Prize, any Entries made by that entrant via the closed account will be deemed ineligible and will not entitle the individual to an Entry.
5. PRIZES
This Program includes various Contests posted to the Circle K Social Pages. The quantity, value and description of prizes available to be won for each Contest is presented in the Contest Requirements (each a “Prize” and collectively, the “Prizes”).
The Prizes and their components must be accepted as awarded and cannot be transferred, substituted or exchanged, in whole or in part, for another prize or for money, unless otherwise agreed to by the Sponsor. Sponsor reserves the right to substitute a Prize by a prize of equivalent or greater monetary value if Sponsor is unable to award any Prize as described in the present Rules. In no way more than the stated number of Prizes will be awarded. A promotional prize offering cannot be combined with any other offer.
6. WINNER DETERMINATION
On or about two (2) days after the end of the Giveaway Entry Period, the Sponsor will select the specified number entries for the prizes described in a random drawing of all valid entries received. Prize winner will be considered to be potential prize winner until Sponsor confirms his or her prize winner status. Entrant grants Sponsor the ability in its sole discretion to announce the names or any identifiable information of an Entrant/potential prize winner on its Website, or in any other form of public communication. Sponsor will notify the potential prize winners by Direct Message (“DM”) on the Platform. DM will come from Sponsor and include instructions that potential prize winner must complete before he or she can be declared a prize winner and eligible to claim a prize. In the event a potential prize winner fails to adhere to DM instructions given by Sponsor, the potential prize winner may be disqualified from the Giveaway and ineligible to claim a prize or receive any type of compensation. In Sponsor’s sole discretion, a selected entry of the potential prize winner will be disqualified from the Giveaway if he or she: a) is unreachable or unresponsive to notification or attempted notification within 3 days of notification sent, unless another timeframe is stated in the notification; or b) declines or cannot accept, receive or use the prize or any component of the prize for any reason; or c) does not meet eligibility requirements; or d) has failed to comply with these Official Rules; or e) submits a response after the allocated response by date. If for any reason whatsoever a potential prize winner or if the potential prize winner is declared a prize winner is disqualified from the Giveaway, he or she will be required to forfeit the prize and will not receive any kind of compensation.
7. VERIFICATION OF WINNERS
Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, or the potential winner notification or Affidavit is returned as undeliverable, (b) potential winner declines or cannot accept, receive or use the prize for any reason, (c) of noncompliance with these Official Rules or any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Giveaway or receive the prize, or (e) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected in a random drawing , from among the other eligible entries received, as described in Section 5 above. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
8. NOTIFICATION AND PRIZE CLAIM CONDITIONS
Within the three (3) business days period following the draw, the Sponsor or its designated representative will attempt to contact the selected entrants 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 Social Pages;
(ii) commenting on a post on one or more of the Circle K Social Pages; or
(iii) sending a private message via one or more of the Circle K Social Pages.
In the event that, for any reason, Sponsor cannot contact the selected entrant within a two (2) business days period following the first notification, the selected entrant may be disqualified, and Sponsor may, at its sole discretion, proceed to a new drawing amongst all eligible Entries received to identify another potential winner who will be subject to disqualification in the same manner. The Sponsor will not be responsible for selected Participants who cannot be contacted or who do not respond in a timely manner.
Before being declared a winner and being awarded a Prize, the selected entrant 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 entrant 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 Sponsor, its 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 and the Contest, the selected entrants’ 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, Instagram and/or X username, Circle K username, address, voice, statements and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by the Sponsor 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 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.
9. PRIVACY
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry for the purposes of administering the Contest, the Program and Prize fulfillment. Winners consent to the Sponsor’s use of their names, photographs, cities, voices, images and/or statements, related to their Prize for publicity purposes in any manner or media including the Internet, at any time, in perpetuity, without compensation or notice.
The opportunity to receive other communications about Sponsor’s products, contests and other promotional offers may be provided by Sponsor.
Please refer to our privacy policy for more information about how we manage your personal information: https://www.circlek.com/privacy-policy.
10. LIMITATION OF LIABILITY AND RELEASE
By participating into the Program and a Contest, entrants agree to release and hold harmless Sponsor, its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and any other interveners related to the Program or a Contest and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns and Facebook, Instagram and/or X (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the participation in the Program, a Contest or misuse of any Prize.
Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Program or a Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Program or a Contest website in whole or in part for any reason; service interruptions or disconnections of Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Program or a Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Program or a Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Program or a Contest or acceptance, use, implementation or misuse of any Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.
This Program is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram and/or X. Facebook, Instagram and X are completely released from any liability by each of the participants in this Program. Any questions, comments or complaints regarding the Program or a Contest must be directed at the Sponsor.
11. RIGHT TO MODIFY, SUSPEND, OR TERMINATE
Sponsor reserves the right, at Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Program and/or a Contest, in whole or in part, without notice or obligation.
Without limiting the generality of the foregoing, if the Program and/or a Contest, or any part thereof, is impaired in any way for any reason or is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Program and/or a Contest, Sponsor may, in its sole discretion, void any Entry and: (a) terminate this Program and/or a the Contest, or any portion thereof; (b) modify or suspend the this Program and/or a Contest, or any portion thereof, to address the impairment and then resume the this Program and/or a Contest, or relevant portion, in a manner that best conforms to the spirit of these Rules; and/or (c) award the Prizes from among the eligible Entries received prior to the discovery of the issue, in accordance with the selection criterion set forth herein.
12. GENERAL
Sponsor reserves the right, in its sole discretion, to disqualify from this Program and/or a Contest any person that tempers or attempts to temper with or is suspected to have tampered with or attempted to tamper with the entry process, the operation of the Program and/or a Contest, who does not comply with these Rules or acts in a manner that goes against the spirit of the Program and/or a Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. Any attempt by an entrant or any other person to deliberately damage the program and/or a contest platform/application (or a website linked thereto) or to undermine the legitimate operation of the program and/or a contest is a violation of criminal and civil laws and, should such an attempt be made, sponsor reserves the right to seek damages from such person to the fullest extent permitted by law.
All decisions rendered by the Sponsor and/or its authorized representatives regarding any aspects of the Program and/or a Contest are final. The Program and/or a Contest is subject to all applicable federal, provincial and municipal laws. 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 contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.
13. DISPUTES
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina State Court located in Mecklenburg, North Carolina; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
14. GIVEAWAY RESULTS
For Giveaway results (of winners of grand prizes), send a written request to: Winners List - (Giveaway Name) , 2550 W Tyvola Rd #200 Charlotte, NC 28217.