Legal
Share the Wonder 2.0 OFFICIAL RULES 1. PROGRAM DATES: The ShareTheWonder Program (the “Program”) is sponsored by Canadelle Limited Partnership and begins at 10:00 a.m. Eastern Daylight Time (“EDT”) on August 28, 2023, and ends at 11:59 p.m. Eastern Daylight Time (“EDT”) on September 25, 2023, (“Program Period”). The Program consists of two (2) phases, as follows: ● A “Voting Phase,” which begins on August 28, 2023, at 10 a.m. EDT, and ends on September 25, 2023, at 11:59 p.m. EDT; ● A “Sharing Phase,” which begins on October 17, 2023, at 10 a.m. EDT, and ends on October 24, at 11:59 p.m. EDT. |
2. SELECTED CAUSES: Causes have been selected from the Charity Intelligence analysts who review publicly available information on over 800 Canadian charities. We assembled a short list of charities that have attained top ratings based criteria and weighting according to Charity Intelligence Canada methodology. Eligible charities must also be: ● Registered as a Charity with the Canada Revenue Agency at the start of the Program Period; ● Have its head office or principal place of business located in any province or territory of Canada; ● Have been active in Canada for at least one year as of May 1, 2022, operating lawfully and in accordance with all applicable laws, licenses, and regulations; and be carrying on its activities throughout the duration of the Program Period; ● Must operate programs which benefit Canada and/or its people (vs international causes); ● In alignment with Canadelle Limited Partnership’s key corporate values, which are; ● Do What’s Right: We behave ethically. We are transparent. We share information about the factors influencing our actions. Our behaviours align with our values. Our products make the world a better place. ● Create Opportunity For All: With success comes opportunity. Everyone is respected and included. We provide opportunities for the brand & its communities to reach their full potential. |
Employees, representatives or agents of Canadelle Limited Partnership, IMAGO Inc., their respective associated and affiliated entities, dealers, advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively with Canadelle Limited Partnership, IMAGO Inc., the “Program Parties”) and the people with whom these individuals reside (whether related or not), are not eligible to participate in the Program/Voting Phase. |
FOR THE AVOIDANCE OF DOUBT, A PARTICIPANT (AS DEFINED BELOW) HAS NO RIGHT TO CLAIM ANY DONATION (as defined below) OR PORTION THEREOF—the Participant’s (as defined below) involvement in this Program is limited to voting. |
IMPORTANT NOTES : ● To be eligible, the Selected Cause must meet all of the Selection Requirements (as determined by Canadelle Limited Partnership in its sole and absolute discretion) at all relevant times. ● Selected Causes are subject to verification of eligibility and identity at any time in order to verify compliance with the Selection Requirements, with these Official Rules (the “Rules”) or for any other reason, at the sole and absolute discretion of Canadelle Limited Partnership. This may include, without limitation, a reference check and completion of any documentation required by Canadelle Limited Partnership in its sole and absolute discretion to complete such background check, the results of which must be completely satisfactory as determined by Canadelle Limited Partnership in its sole and absolute discretion. |
● Canadelle Limited Partnership reserves the right at any time, in its sole and absolute discretion, to disqualify any Selected Cause if Canadelle Limited Partnership determines that allowing such Selected Cause to participate in (or continue to participate in) the Program could bring Canadelle Limited Partnership into public disrepute or in any way adversely impact the good standing or reputation of Canadelle Limited Partnership in the eyes of the general public. Canadelle Limited Partnership’s decisions on all matters arising in this regard shall be final and binding without right of appeal. |
Any and all actions contemplated in these Rules on behalf of a Selected Cause (except the voting) must be completed by an authorized representative of the Selected Cause (each a “Representative”) who: (a) is a resident of Canada; (b) has reached the legal age of majority in their province or territory of residence; (c) resides in Canada during the Program Period and at all relevant times; and (d) has the unencumbered authority to legally bind the Selected Cause —including, without limitation, to these Rules and to any other required documentation as contemplated in these Rules. FOR GREATER CERTAINTY AND THE AVOIDANCE OF DOUBT, THE REPRESENTATIVE OF A SELECTED CAUSE THAT BECOMES THE SELECTEE (AS DEFINED BELOW) IS NOT THE SELECTEE AND HAS NO RIGHT TO PERSONALLY CLAIM ANY DONATION (as defined below) OR A PORTION THEREOF. THE SELECTED CAUSE IN THIS PROGRAM IS THE ELIGIBLE CHARITY. |
3. AGREEMENT TO BE LEGALLY BOUND BY RULES: By participating in the Program, each Participant and each Representative (on their own behalf and on behalf of the Selected Cause) confirms that they have read and agree to be legally bound by these Rules. |
4. VOTING PHASE: During the Voting Phase, Canadian residents who have reached the age of majority in the province or territory in which they reside at the time of participation (each, a “Participant”) may cast votes for the Selected Cause of their choice. During the Voting Phase, the Participant will be able to cast a vote through a dedicated page on the WonderBra.ca website. During the Voting Phase, visit https://www.wonderbra.ca/en/sharethewonder and follow the on-screen instructions to fully complete and submit a vote for the Participant’s charity of choice. Only one charity can be voted on per email address provided, as per the completion of the form online. |
To be cast as a valid vote, the electronic form must be filled and (i) be submitted and received during the Voting Phase; and (ii) be in accordance with these Rules (all as determined by Canadelle Limited Partnership in its sole and absolute discretion). The Released Parties (as defined below) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible votes (all of which are void). NO PURCHASE NECESSARY |
5. VOTING LIMIT AND CONDITIONS: Each Participant may vote for a maximum of one charity. For the avoidance of doubt, there is a maximum of one vote per Participant. |
If it is discovered by Canadelle Limited Partnership (using any evidence or other information made available to or otherwise discovered by Canadelle Limited Partnership) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with Canadelle Limited Partnership’s interpretation of the letter and/or spirit of these Rules to participate in or to disrupt this Program; then they may, in the sole and absolute discretion of Canadelle Limited Partnership, be disqualified from the Program. Canadelle Limited Partnership, the other Program Parties, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible votes and/or Voting Materials (all of which are void). |
A vote may be rejected if, in the sole and absolute discretion of Canadelle Limited Partnership: (i) it (including, but not limited to, any associated Voting Materials) is not submitted and received in accordance with these Rules during the Voting Phase; and/or (ii) the Voting Materials accompanying the voting process are not in compliance with these Rules (all as determined by Canadelle Limited Partnership in its sole and absolute discretion). |
IMPORTANT NOTE: Individuals or Selected Causes may encourage others to submit votes; however, no form of incentive, inducement, prize, or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such vote. In addition, proxy voting schemes (or anything reasonably resembling a proxy voting scheme, as determined by Canadelle Limited Partnership in its sole and absolute discretion) are hereby expressly prohibited. Any individual or entity determined by Canadelle Limited Partnership and/or its representative(s) to be engaging in any such behaviours and/or in violation of Canadelle Limited Partnership’s interpretation of the letter and/or spirit of these Rules (all as determined in the sole and absolute discretion of Canadelle Limited Partnership) shall be disqualified. Use of any automated system including robotic or form filling software to enter or participate is prohibited and will result in disqualification of votes made using such systems or software. |
6. DONATIONS: There shall be a total of one (1) donation (a “Donation”) available in relation to this Program. The Donation consists of a monetary donation by Canadelle Limited Partnership to the confirmed Recipient (as defined below). The Donation shall consist of: |
● A donation of CAD $20,000 (the “Base Donation”); and ● An additional amount equivalent to C$1 per Social Interaction with a #ShareTheWonder post on Facebook or Instagram during the applicable Sharing Phase (as defined above), up to a maximum of C$5,000 (“Social Contribution”). For the purposes of the above, a “Social Interaction” constitutes “liking”, “sharing” a #ShareTheWonder post on Facebook or Instagram, or “tagging” a person in a comment under a #ShareTheWonder post on Facebook or Instagram. "Social Interaction" EXCLUDES "story sharing". IMPORTANT NOTE: A maximum of 5 “Social Interactions” per person per day will be allowed and considered valid in contributing to the incremental Social Contribution to the said cause. For the avoidance of doubt, the maximum amount of the Donation shall be C$25,000, consisting of the Base Donation (of C$20,000) plus the Social Contribution (of an amount up to C$5,000). |
The following general conditions apply to the Donation: (i) Donation must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Canadelle Limited Partnership in its sole and absolute discretion); (ii) no substitutions are permitted, except at Canadelle Limited Partnership’s option; (iii) Canadelle Limited Partnership reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Donation or any component thereof; and (b) substitute the Donation or a component thereof for any reason with an item or item(s) of equal or greater value; and (iv) by accepting a Donation, the Representative (on their own behalf and on behalf of the Recipient) agrees to waive all recourse against Canadelle Limited Partnership and all of the other Released Parties if the Donation or a component thereof does not prove satisfactory, either in whole or in part. |
To the fullest extent permitted by applicable law, the Representative of the Recipient that is eligible to receive a Donation on behalf of a Recipient hereby (on their own behalf and on behalf of the recipient) agrees that neither the Recipient, nor anyone on behalf of the Recipient, may seek reimbursement or pursue any legal or equitable remedy from either Canadelle Limited Partnership or any of the other Released Parties should the Donation fail to be fit for its purpose or is in any way unsatisfactory. |
Canadelle Limited Partnership shall not intervene in any decision made by a Recipient that purports to prevent the Recipient from receiving the Donation, and Canadelle Limited Partnership reserves the right, in its sole and absolute discretion, to select another Eligible Recipient (as defined below) if an Eligible Recipient (as defined below) cannot accept the applicable Donation as offered for any reason. The Recipient is solely responsible for the reporting and payment of any taxes relating to the applicable Donation. |
7. SELECTION PROCESS : The Recipient selection process shall take place in two (2) phases, as follows: IMAGO Inc. shall compile all the votes submitted and received for each Selected Cause during the Voting Phase in compliance with these Rules. The charity with the highest number of votes will be selected as the charity that will be eligible to be awarded the base donation of $20,000 CAD (the “Eligible Recipient”). |
If a precise tie occurs as a result of the voting phase, Canadelle Limited Partnership will resolve the tie by conducting a random draw to determine the finalist organization to receive the donation. The Voting phase outcome is scheduled to be completed on or about September 25, 2023. |
8. NOTIFICATION AND CONFIRMATION PROCESS: Canadelle Limited Partnership or its designated representative shall make a minimum of 2 attempts to contact the Eligible Recipient within 5 business days of the Recipient Selection Date, via the information provided in the Voting Materials. |
If an Eligible Recipient cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the Eligible Recipient may, in the sole and absolute discretion of Canadelle Limited Partnership, be disqualified (and, if disqualified, shall forfeit all rights to receive a Donation) and Canadelle Limited Partnership reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Eligible Recipient from among the remaining eligible Selected Causes in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected Eligible Recipient). |
NO ELIGIBLE RECIPIENT IS A RECIPIENT UNLESS AND UNTIL CANADELLE LIMITED PARTNERSHIP OFFICIALLY CONFIRMS THE ELIGIBLE RECIPIENT AS A RECIPIENT IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED RECIPIENT, the Representative of the Eligible Recipient that is eligible to receive a Donation (as defined below) shall be required to sign and return within three (3) business days of notification Canadelle Limited Partnership’s declaration and release form, which (among other things): (i) confirms their and the Eligible Recipient’s compliance with these Rules; (ii) acknowledges the Eligible Recipient’s acceptance of the Donation (as awarded); (iii) releases Canadelle Limited Partnership and all of the other Released Parties from any and all liability in connection with this Program, their and the Eligible Recipient’s nomination/participation/selection therein, and/or the awarding and use/misuse of the Donation or any portion thereof; (iv) agrees to the publication, reproduction and/or other uses of the Eligible Recipient’s name and logo without further notice or compensation, in any publicity or advertising carried out by or on behalf of Canadelle Limited Partnership in any manner whatsoever, including print, broadcast or the internet; and (v) agrees to provide stories and other content to showcase how the Donation has had a positive impact on the Eligible Recipient. For the avoidance of doubt, the Donation is voluntarily made to the Eligible Recipient for no consideration and, otherwise as contemplated in these Rules and in the declaration and release form, the Eligible Recipient is under no obligation to do or not to do anything for the benefit of Canadelle Limited Partnership with respect to this Program or otherwise. |
If an Eligible Recipient: (a) fails to have its Representative return the properly executed declaration and release form within the specified time; (b) cannot accept (or is unwilling to accept) the Donation (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules, or if an Eligible Recipient’s selection or participation is determined to not have been in compliance with these Rules (all as determined by Canadelle Limited Partnership in its sole and absolute discretion); then the Eligible Recipient shall be disqualified (and shall forfeit all rights to be a Recipient and to receive a Donation) and Canadelle Limited Partnership reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Eligible Recipient from among the remaining eligible Finalists in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected Eligible Recipient). |
9. SHARING PHASE: Once an Eligible Recipient has duly completed all required steps as outlined above, and has been confirmed by the Donor as being a Recipient in this Program ( “Recipient”), the name of the Recipient shall be announced on www.wonderbra.ca and the Donor’s social media (Facebook and Instagram) pages (each a “Recipient Post”). The Recipient Post shall be made on October 17th, 2023. |
For the Recipient Post, the Sharing Phase shall begin at 10:00 AM EDT on the date of the Recipient Post, and shall terminate seven (7) days later, on October 24, at 11:59 p.m. EST. Following completion of the Sharing Phase, the number of Social Interactions made in compliance with these Rules during the Sharing Phase shall be tallied in order to calculate the amount of the Social Contribution. Canadelle Limited Partnership shall contact the Recipient within 30 days following the end of the applicable Sharing Phase. The Donation shall be disbursed by cheque payable to the name of the Recipient as indicated in Canada Revenue Agency records. |
10. GENERAL CONDITIONS: This Program is subject to all applicable federal, provincial and municipal laws. The decisions of Canadelle Limited Partnership with respect to all aspects of this Program are final and binding on all participants without right of appeal. ANYONE DEEMED BY CANADELLE LIMITED PARTNERSHIP TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF CANADELLE LIMITED PARTNERSHIP AT ANY TIME. |
The Released Parties shall not be liable for: (i) any failure of any website or any platform during the Program; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any information (including but not limited to Voting Materials or Social Interactions to be received, captured, tabulated or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Program; (v) anyone being incorrectly and/or mistakenly identified as a Recipient or Eligible Recipient; and/or (vi) any combination of the above. |
Canadelle Limited Partnership reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, to withdraw, amend or suspend this Program (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of Canadelle Limited Partnership that interferes with the proper conduct of this Program as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. |
Any attempt to undermine the legitimate operation of this Program in any way (as determined by Canadelle Limited Partnership in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Canadelle Limited Partnership reserves the right to seek remedies and damages to the fullest extent permitted by law. Canadelle Limited Partnership reserves the right, subject only to the approval of the Régie in Québec, to cancel, amend or suspend this Program, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other errors of any kind, or for any other reason whatsoever. Canadelle Limited Partnership reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as a condition of attribution of the Donation, as it deems appropriate based on the circumstances and/or to comply with applicable law. |
By participating in this Program, each participant expressly consents to Canadelle Limited Partnership, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Program and in accordance with Canadelle Limited Partnership’s privacy policy (available at: https://www.wonderbra.ca/en/privacy-policy). This section does not limit any other consent(s) that an individual may provide to Canadelle Limited Partnership or others in relation to the collection, use and/or disclosure of their personal information. |
Canadelle Limited Partnership reserves the right, subject only to the approval of the Régie in Québec, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Rules, to the extent deemed necessary by Canadelle Limited Partnership, for purposes of verifying compliance by any Voter, Selected cause, Selectee, Vote, Voting Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Canadelle Limited Partnership, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Rules, or for any other reason. |
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Program-related materials, including, but not limited to, and the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of Canadelle Limited Partnership, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. |
For residents of Québec only, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the Donation may be submitted to the Régie only for the purpose of helping the parties reach a settlement. |
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 shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. |
This Program is not sponsored, endorsed or administered by, or associated with, Facebook or Instagram (collectively, the “Social Platforms”). The Social Platforms are hereby completely released of all liability by each entrant in this Program. Any questions, comments or complaints regarding the Program be directed to the Canadelle Limited Partnership and not to the Social Platforms. |
11. DONOR: The Donor of this Program is Canadelle Limited Partnership, doing business under the name of WonderBra Canada, 4405 boul. Métropolitain Est, Saint-Léonard (Québec) H1R 1Z4. |