4) LICENSE: By entering the Contest and submitting a Post, each entrant: (i) without limiting the Instagram or Facebook Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Post, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her/their Post in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties (defined in Rule 8 below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Post.
5) PRIZES: There 6 prizes available to be won during the Entry Period. Each prize consists of one KOOZIE® Olympus Kooler Backpack. There is a limit of one (1) Prize per entrant. The Prize consists of the following items:(1) KOOZIE® Olympus Kooler Backpack –valued at approximately $70 CAD/ea.
6) DRAW DATES: The potential winner of the Prize available during the Entry Period will be selected by random draw to be held on September 08, 2020by 11:59pm from all among eligible Posts received during the Entry Period.
7) ODDS OF WINNING: The odds of winning a Prize depend on the number of eligible Posts received in the Entry Period.
8) PRIZE AWARDING: Sponsor or its representative will make reasonable attempts to contact selected entrants within five (5) business days of the applicable draw date via a Direct Message through Instagram or Facebook. If a selected entrant does not reply within five (5) business days from the first attempt at contact, that entrant will be disqualified, and another entrant will be randomly selected from remaining eligible entries. In order to be declared an official winner, the selected entrant must first: (i) correctly answer a mathematical skill-testing question without mechanical or other assistance; (ii) be in compliance with these Contest Rules and iii) provide government-issued identification proof of Legal Drinking Age (19+). If a selected entrant fails to be in compliance with these Contest Rules, the Sponsor reserves the right to disqualify that entrant and to select another entrant to be eligible for the Prize from remaining eligible entries (in which case the foregoing process will be followed for that selected entrant). By accepting the Contest Prize, the entrant (i) confirms compliance with these Contest Rules, (ii) releases and forever discharges Aquilini Brands CanadaInc, all Provincial and Territorial Liquor Distribution Branches, Instagram, Facebook and their affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective employees, agents, directors, successors and assigns (“Released Parties”) from and against any and all claims, demands, damages, actions and causes of action arising or to arise by reason of the entrant’s participation in the Contest and/or the acceptance, use or misuse of the Prize, and (iii) gives permission to Aquilini Brands Canada Inc, at its option, to publish or otherwise use the entrant’s Post, name, city/province, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prize will be allowed, unless at the discretion of the Sponsor, which may substitute a prize or prizes of comparable or greater value. Winner is responsible for any taxesassociated with the Prize. In the event of a dispute as to the identity of an entrant, the entrant will be deemed to be the authorized account holder of the social media account used to submit the Post. “Authorized account holder” is the person assigned to a social media account by Instagram or Facebook. No correspondence will be entered into with entrants except with the selected entrants.
9) GENERAL: The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. You understand that you are providing your information to the Sponsor and not to Instagram or Facebook. Instagram and Facebook are completely released from all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram or Facebook.
By entering the Contest, participants agree to abide by these Contest Rules and the decisions of the Sponsor, which are final and binding. The Sponsor shall in no way bear any liability whatsoever regarding any of the prizes. The Released Parties will not be responsible for late, lost, unsearchable, invalid, illegible, delayed, incomplete, stolen or misdirected posts or prize claims. The Sponsor’s clock shall be the sole determinant of time for the purposes of this Contest.
The Released Parties will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any correspondence to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
By entering, each entrant agrees to release and forever hold harmless the Released Parties from and against any and all claims, demands, damages, actions and causes of action arising or to arise by reason of the entrant’s participation in the Contest and/or the acceptance, use or misuse of the Prize.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Contest Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
Winners understand and allow up to 2 months to receive their Prize.
10) APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of any provision of these Contest 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 Contest 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. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Vancouver, British Columbia in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.For residents of Quebec, 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 awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
11) PRIVACY: By entering this Contest you consent to the collection, use and disclosure of your personal information as necessary to administer the Contest and in accordance with Freedom of Information and Protection of Privacy Act. Personal information may be shared with the Contest Administrator for this purpose. Personal information is collected under the authority of section74.06of the Competition Act RSC 1985 C-34.If you have any questions regarding the collection, use or disclosure of your personal information by the Aquilini Brands Canada Inc., please contact: Aquilini Brands Canada Inc. firstname.lastname@example.org