Contest « One-year supply of DanActive®
Contest Rules

CONTEST NAME, PLACE AND ORGANIZER

The “One-year supply of DanActive®“ contest is organized by Danone Canada (the “contest organizer”). It will run on the Internet from 00:00 on December 10, 2009 at 00:01 until 23:59 on May 31, 2010 (the “contest period”). The contest organizer is responsible for the contest, its organization and the contest rules (the “rules”). By entering the contest, entrants agree to be bound by these rules.

WHO CAN ENTER

This contest is open to all legal residents of Canada aged 18 or over at the time they enter the contest and who have an e-mail address and Internet access prior to the start of the contest period. Employees, agents, representatives, officers and directors of the contest organizer, of its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, sponsors, suppliers of prizes, materials and services related to this contest, or of any other party directly associated with the holding of the contest, as well as members of their immediate families (brothers, sisters, children, father, mother), their legal or common-law spouse, and any persons residing with these employees, agents, representatives, officers and directors are not eligible to participate.

HOW TO ENTER

1. No purchase necessary;
   • Have the DanActive® card contest and enter your last name and first name, full address, telephone number and e mail address on danactive-promo.ca and the NIP code card.
2. Only one entry per person is permitted. Participants must use the same e-mail address at all times. Use of more than one e-mail address will lead to automatic disqualification. Subsequent entries by the same person will be disqualified.
3. The chances of winning depend on the number of entries received during the contest period.

DRAW

1. There will be 5 draws during the contest period. They will take place on January 31st 2010, February 28th, March 31st 2010, April 30th 2010 and May 31st 2010. The draws will be done in Montreal, at the head office of the contest organizer. The winner will be awarded by drawing lot out of all the the internet participations registered during the period of the contest. In order to win, participations are required to conform to the terms and conditions of the present rules.

CONDITIONS REGARDING THE WINNER

1. The winner will be notified by telephone or e-mail by the contest organizer within seven (7) days of the day of the draw. The selected participant must answer a mathematical question correctly within a limited time. This question is required by law and will be posed by e-mail or fax. The winner must confirm his acceptance of the prize within five (5) days of being contacted by the contest organizer. If the winner fails to reply within the period provided in this paragraph, he will be deemed to have forfeited his prize and another entry form will be drawn at random according to the conditions in this paragraph 5 until a winner is found.

   In order to be declared the winner, the winning entrant must complete and sign the Declaration, Exoneration of Liability and Compliance with Rules Form which will be sent to him and return it to the contest organizer within five (5) days of receiving it. This document confirms that the winner will abide by the rules, releasing the contest organizer, its directors, officers, employees, subsidiaries, affiliated companies, related companies and agents from all liability, except where proscribed by law, and allowing the contest organizer and its representatives to use the winner’s name, photograph, likeness, statements about the prize, place of residence and/or voice without any compensation, in any advertising by the contest organizer and for any required disclosure without having to obtain the winner’s prior consent.

   Within five (5) days of receipt of the duly completed Declaration, Exoneration of Liability and Compliance with Rules Form, the contest organizer will contact the winner to inform him of how to take possession of the prize.

2. The prize must be accepted in accordance with the conditions set out in the rules and may not be sold, transferred to a third party, assigned, replaced by another prize or exchanged for money wholly or partly. The winner shall not be entitled to any replacement prize or cash replacement.
3. Any inaccurate or false declaration or fraud will lead to automatic disqualification of the winner and loss of rights to the prize.
4. If the winner fails to abide by any of the conditions set out above or any other condition provided in the rules, he will automatically be disqualified and will lose his rights to the prize.

PRIZE

1. A total of five (5) prizes will be awarded, consisting of one year supply of DanActive®, it means 52 coupons redeemable for a DanActive® pack.

   • Each year of DanActive® products is a value of $300 CAD.

   The total value of the prize is CAD $1 500.

   Should any part of the prize not be used, no compensation will be provided to the winner or his guests.

   Any federal, state, provincial or local taxes shall be the sole responsibility of the winner.

GENERAL CONDITIONS

1. Verification. Entry forms are subject to verification by the contest organizer. Any entry form that is illegible, incomplete, fraudulent, copied or received late will automatically be rejected and the entrant disqualified.
2. Decisions. Any decision of the contest organizer regarding any aspect of this contest, including, without being limited to, the eligibility and/or disqualification of entry forms, shall be final and without appeal, subject to any decision of the Régie des alcools, des courses et des jeux du Québec regarding any question over which it has competence.
3. Non-compliant entry. By entering the contest, participants agree to abide by the rules and agree that decisions of the contest organizer with regard to all aspects of the contest including, without being limited to, eligibility and/or disqualification of entry forms, are final and without appeal. Any person entering or attempting to enter the contest by means that are contrary to the rules or unfair to other participants (for example, entries in excess of the prescribed limit) will automatically be disqualified and may be referred to the competent legal authorities.
4. Prize substitution. In the event that the contest organizer is unable, for reasons unrelated to the winner, to award a prize, it reserves the right to award a prize (or portion of a prize) of a similar nature and of equivalent value or, at its sole discretion, to award the value of the prize in cash.

5. Limitation of liability – use of prize. The winner releases the contest organizer, their subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors from any liability for damage of any kind whatsoever that he or his guests may suffer, directly or indirectly, by reason of acceptance, possession or use of the prize, including, among other things, accidents, injuries, death, loss of enjoyment, inconveniences, disappointments, worries or frustrations or a physical or psychological nature. In order to be declared winner and prior to obtaining the prize, the person selected in the draw undertakes to sign a Declaration and Exoneration of Liability and Compliance with Rules Form to this effect.

   The contest organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents and representatives accept no liability for the malfunction of any computer component, software or communication line in connection with the loss or absence of network communication or with any defective, incomplete, incomprehensible or deleted transmission from any computer or network that may limit any person’s opportunity to enter the contest or prevent him from entering the contest. The contest organizer, its subsidiaries, affiliated companies, parent corporations, their advertising and promotion agencies, and their employees, agents, representatives, officers and directors accept no responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any Internet page or software and by the transmission of any information in connection with entry in the contest.

   The contest organizer is released from their obligations in the event that a show is delayed or postponed for any reason outside their control, including, without being limited to, natural disasters, public enemies, war, civil conflict, fire, flooding, labour disputes or strikes or any other act or order of a governmental authority.

6. Guests. The Declaration and Exoneration of Liability and Compliance with Rules Form provided for in the preceding paragraph must be signed by the winner’s guests and, if they are minors, by a parent or legal guardian.
7. Performance of services. The winner recognizes that, from the time that he accepts the prize, performance of obligations related to the prizes becomes the sole and complete responsibility of the designated service providers with respect to portions not delivered by the contest organizer.
8. Modification. The contest organizer reserves the right, at its sole discretion, subject to compliance with applicable legal and regulatory requirements, to cancel, terminate, modify or suspend all or any part of this contest in the event of a virus infection, a computer malfunction, an incident or any human intervention that could corrupt or affect the administration, security, impartiality or running of the contest as provided for in the rules, subject to the approval of the Régie des alcools, des courses et des jeux du Québec, if required.
9. Number of prizes awarded. In all cases, the contest organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, employees, agents, representatives, officers and directors, and their suppliers of products, materials and services related to this contest, and their employees, agents and representatives cannot be required to award more prizes than the number indicated in the rules or to award prizes other than in accordance with the rules.
10. Limitation of liability – entry. By entering or attempting to enter this contest, any person releases the contest organizer, its subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, and their employees, agents, representatives, officers and directors from any liability for any damage that he may suffer by reason of his entry or attempted entry in the contest.
11. Authorization. By entering the contest, the winner authorizes the contest organizer and its representatives to use, if required, his names, photograph, likeness, statements regarding the prize, place of residence and/or voice for advertising purposes in connection with the contest, without any form of remuneration.
12. Ownership of entries. Entry forms are the exclusive property of the contest organizer and will at no time be returned to entrants.
13. Communication with entrants. Subject to the provisions of the rules, there will be no communication or correspondence with entrants, except with the winner, who will be contacted to be informed that he has been declared the winner.
14. Dispute. A dispute regarding the organization or conduct of a promotional contest may be submitted to the Régie des alcools, des courses et des jeux for a decision. A dispute regarding the awarding of a prize may be submitted to the Régie des alcools, des courses et des jeux for the sole purpose of an intervention to attempt to solve the dispute.
15. Competent legal tribunal. Subject to the provisions of the preceding paragraph regarding matters that fall under the jurisdiction of the Régie des alcools, des courses et des jeux, as a prior condition of entry in this contest, every entrant agrees that disputes that cannot be settled between the parties, and all causes for action arising out of or connected with this contest, must be settled case by case, without recourse to any form of class action, and exclusively before a competent court in Montreal, Quebec, which court must apply the laws of the province of Quebec.
16. Entrant’s identity. For the purposes of the rules, the entrant is the person whose name appears on the entry form and, in case of doubt, the owner of the e-mail address, and the prize will be awarded to this person should he be declared winner.
17. Divisibility. If any paragraph of the rules is declared or ruled to be illegal, unenforceable or void by a competent court, then the paragraph in question shall be deemed void, but all other paragraphs not affected will be applied within the limitations of the law.
18. Gender. The masculine gender is used in these rules solely for succinctness; it refers to both men and women.
19. Discrepancy. In the event of a discrepancy between the French and English versions of the rules, the French version shall take precedence.
20. Rules regarding the keeping of personal information in connection with the contest. Entrants’ personal information will be stored in the contest database and the contest organizer will use it to contact entrants for the purposes of the contest. No other use will be made of entrants’ personal information, with the exception of entrants who explicitly indicated when completing the entry form that they wish to receive more information about the contest organizer.

21. Contest rules and name of winner. A copy of the rules and the name of the winner may be obtained upon written request to:

    Danone Canada Inc.
    100 rue de Lauzon
    Boucherville, Qc
    J4B 1 E6