Monster Energy® Concert Multi-Pack Promotion
Terms and Conditions (CANADA)
PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF CANADA WHO ARE OVER THE AGE OF MAJORITY AT THE TIME OF REDEMPTION.
Monster Energy Canada Ltd. (“Monster”) is offering the “Monster Energy® Concert Multi-Pack Promotion” (the “Promotion”). The Promotion is subject to these terms and conditions (the “Terms and Conditions”), and by participating, each participant (a “Participant”) agrees to be bound by these Terms and Conditions and the decisions of Monster, which are final and binding in all respects. This Promotion begins at 12:01 AM Pacific Time on July 1, 2019 and ends March 31, 2020 at 11:59 PM Pacific Time (the “Promotion Period”). Monster’s computer is the official timekeeping device for participation in the Promotion.
1. Eligibility: The Promotion is open to persons who are legal residents of, and physically located within, Canada, and are over the age of majority in the province or territory in which they reside at the time of redemption. VOID WHERE PROHIBITED. Employees, officers and representatives, and members of their immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Monster, Live Nation Canada, Inc. (“Live Nation”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Promotion (the “Promotion Entities”) are not eligible to participate.
2. Where to Find Codes: Participants can find unique promotional ten (10) digit codes physically inside the specially-marked packing of 4-Pack packs of Monster’s Monster Energy® energy drink original flavour (473 mL) Monster Energy® Zero Ultra (473 mL) Monster Energy®, Ultra Sunrise (473mL) Monster Energy® and Ultra Violet (473mL) Monster Energy® (each, a “4-Pack Code”). Participants can also find unique thirteen (13) digit promotional codes physically inside the specially-marked packing of 8-Pack packs of Monster’s Monster Energy® energy drink original flavour (310 mL) Monster Energy®, and Zero Ultra Monster Energy® (310 mL) (each, a “8-Pack Code”).
From time to time in these Terms and Conditions, the 4-Pack Codes and the 8-Pack Codes may be collectively referred to as, a “Code” or the “Codes”.
If any part of a Code is counterfeited or improperly reproduced, or if the Code comes from other games or promotions (whether operated by Monster or any third-party), or if any part is illegible, mutilated, or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code will be rejected and will be deemed void and invalid.
3. How to Redeem Codes: During the Promotion Period, Participants can visit www.monsterenergy.com/LN (the “Website”), to create an account, and submit their Code(s). If a Participant experiences any difficulty with Code redemption, please contact Monster’s Consumer Relations at (855)-488-1212 or [email protected]
4. Codes and Concert Code Limits:
Each time a Participant enters a valid 4-Pack Code, a Participant will receive two (2) points; each time a Participant enters a valid 8-Pack Code, a Participant will receive four (4) points. Once a Participant accumulates twenty (20) points, they will receive a $20 (CDN$20.00) Live Nation® Concert Cash® code (each, a “Concert Code”) The Concert Code is redeemable only on the Live Nation website located at www.ticketmaster.ca/monster. The Concert Code is a one-time use only voucher code good toward $20-off final ticket purchase for a select Live Nation produced and promoted concert in Canada on ticketmaster.ca, based on availability under this program. Concert Code cannot be used toward VIP Nation®, TicketsNow® or events at AEG venues or at venues not ticketed by Live Nation or Ticketmaster, fan clubs, ticket packages, or shipping charges. Exclusions may apply to TM+, Platinum, Fan-to-Fan Resale, and TicketExchange™ tickets not sold directly by Live Nation or Ticketmaster. All ticket purchases are subject to the Purchase Policy found here. A Concert Code can be used only once. Maximum five (5) Concert Codes per transaction. Concert Code must be redeemed by 11:59 PM on December 31, 2020. Any unused value will be forfeited. There is no limit on the number of points a Participant may redeem during the Promotional Period. Codes and Concert Codes have no cash value and are not redeemable for cash or otherwise, except in accordance with the terms of this Promotion.
Each Code may only be used once; subsequent attempts to re-submit or re-use the same Code (whether by the same Participant or by different Participants) will be void. Total number of Codes distributed by Monster during the Promotion Period is approximately two million six hundred and thirty-three thousand nine hundred and sixteen (2,633,916) 4-Pack Codes and approximately one hundred and sixty-nine thousand nine hundred and sixty-four (169,964) 8-Pack Codes based upon the estimated number of Codes produced at the time of printing of these Terms and Conditions; actual number may vary. Codes must be entered on the Website before the end of the Promotional Period and any valid unused Codes after this time shall become void. If any part of any Code or Concert Code is counterfeited, or improperly reproduced or if the Code comes from other games or promotions (whether operated by Monster or any third-party), or if any part is illegible, mutilated or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code or Concert Code will be rejected and will be deemed void and invalid. Each Participant acknowledges and agrees that the respective decisions of Monster and Live Nation with respect to Code entry validity of Concert Codes are final and binding.
NO TRANSFER: Codes and Concert Codes cannot be bought, sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any source other than from one of the methods mentioned in these Terms and Conditions. Codes and Concert Codes are null and void and will be rejected if not obtained through authorized, legitimate channels. The Concert Code has no cash value and cannot be exchanged for cash or credit, except as required by law. The Concert Code cannot be combined with other product offers or promotions. Items purchased with a Concert Code are for personal use or gifts only and are not valid for resale. Concert Codes cannot be used for past purchases or offers. Use of a Concert Code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. The Concert Code cannot be replaced if lost or stolen and Live Nation is not responsible for any damage or loss resulting from unauthorized use. The Concert Code is void where prohibited by law.
6. Limitations of Liability: No responsibility or liability is assumed by Monster and/or the Promotion Entities for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail messaging transmissions; inaccessibility of the Website or any other website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of a Xbox Live Gold, Xbox Live, Play Station Network, Steam used in connection with the Promotion. From time to time during the Promotion Period, Monster or Live Nation’s respective webmaster may perform maintenance on the Website or other websites, which may result in a Participant’s inability to enter or redeem Codes or Concert Codes. Monster and the Promotion Entities are not responsible for any typographical or printing errors in the Codes, or any inaccurate or incorrect data contained on the Website, including without limitation, any personal injury or property damage or losses of any kind which may be sustained to Participant's or any other person's computer equipment or mobile phone equipment resulting from online participation in the Promotion, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. General Terms. By participating in the Promotion, Participants: (a) agree to be bound by these Terms and Conditions and by the interpretation of these Terms and Conditions by Monster and by the decisions of Monster, which are final and binding in all respects; (b) acknowledge compliance with these Terms and Conditions; (c) agree to comply with any and all applicable federal, state, provincial and local laws, rules and regulations; and (d) agree to release and hold harmless the Promotion Entities.
Tickets obtained from Concert Codes are subject to availability, venue capacity, artist and age restrictions. Tickets to a particular concert are not guaranteed. Parking, travel and accommodations not included and are the sole responsibility of Participant and Participant’s guest(s). Participants and their guest(s) must abide by all venue policies. Live Nation reserves the right to revoke tickets from any Participant or Participant’s guest who it and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Live Nation or Monster into disrepute. Resale of tickets is prohibited.
The Promotion Entities are not responsible if the Promotion cannot take place, or if any Code or Concert Code cannot be redeemed due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Promotion Entities. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promotion Entities, which, in Monster’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Monster reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the closing date of the Promotion, notice will be posted on www.monsterenergy.com if time permits. Monster reserves the right to modify and amend these Terms and Conditions from time to time during the Promotion.
9. Binding Arbitration: For all eligible entrants, excepting residents of Quebec: All disputes, disagreements, controversies, questions or claims arising out of or relating to this Promotion, including, without limitation, with respect to its execution, validity, application, interpretation, performance, breach, termination or enforcement (“Disputes”), shall be determined by a sole Arbitrator (the “Arbitrator”) under the Arbitration Act, 1991 (Ontario) (the “Act”). The resolution of Disputes pursuant to this section shall be final and binding upon the parties to the Dispute (the “parties”), and there shall be no appeal therefore, including, without limitation, any appeal to a court on a question of law, a question of fact or a question of mixed fact and law. In addition: (a) section 7(2) of the Act will not apply to the arbitration; (b) unless the parties otherwise agree, the Arbitrator will be appointed by a judge of the Superior Court of Justice of Ontario on the application of any party on notice to all the other parties. No individual shall be appointed as Arbitrator unless he or she agrees in writing to be bound by the provisions of this Article; (c) the arbitration shall take place in the City of Toronto unless otherwise agreed in writing by the parties; (d) subject to the Act, the Arbitrator may conduct the arbitration in the manner the Arbitrator considers appropriate; (e) the language to be used in the arbitration shall be English; (f) within seven (7) calendar days after appointment the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for a good cause shown. The parties agree to a mutual exchange of relevant documents and the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) calendar days in aggregate for each party; (g) the parties desire that any Dispute should be conducted in strict confidence and that there shall be no disclosure to any person of the existence of the Dispute or any aspect of the Dispute except as is necessary for the resolution of the Dispute; and (h) the Arbitrator shall have the right to determine all questions of law and jurisdiction, including questions as to whether a claim is arbitral, and shall have the right to grant legal and equitable relief including injunctive relief and the right to grant permanent and interim injunctive relief, and final and interim damages awards. The Arbitrator shall also have the discretion to award costs, including reasonable legal fees and expenses, reasonable expert's fees and expenses, reasonable witnesses' fees and expenses pre-award and post-award interest and costs of the arbitration.
10. Governing Law: For all eligible entrants, excepting residents of Quebec, this Promotion and the terms and conditions contained in these Terms and Conditions, shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.
NOTE: Live Nation is not a sponsor of this promotion. All inquiries regarding the promotion should be directed to Monster and not to Live Nation. Live Nation, VIP Nation, TicketsNow and Concert Cash are trademarks of Live Nation Entertainment, Inc.