LAKE OF BAYS BREWING – WIN A DINNER FOR 2 AT THE HUNTSVILLE BREWHOUSE CONTEST RULES (the “Contest”)
NO PURCHASE NECESSARY. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES (THE “CONTEST RULES”).
The Contest begins on Saturday, July 27, 2019 at 1:00 p.m. Eastern Time (“ET”) and ends on Saturday, July 27, 2019 5:00 p.m. ET (the “Contest Period”).
The Contest is only open to legal residents of Ontario, Canada, who are nineteen (19) years of age or older at the time of entry (each an “Entrant”). Employees, their immediate family members, and those with whom they are domiciled, of the Liquor Control Board of Ontario (the “LCBO”), Lake of Bays Brewing (the “Brewery” or “Contest Sponsor”), The Huntsville Brewhouse (the “Prize Supplier”), and the Alcohol and Gaming Commission of Ontario (“AGCO”), licensees of the AGCO, all advertising, media buying and promotional agencies connected with the Contest, and each of their respective parents, governors, subsidiaries, affiliates, directors, officers, shareholders, representatives and agents (altogether the “Released Parties”) are not eligible to enter the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons (including step-half or adopted), partner or spouse of an individual (regardless of where any such “immediate family member” resides).
HOW TO ENTER
NO PURCHASE NECESSARY. To participate in this Contest you must:
- Have a valid personal Twitter account (an “Account”). If you do not have an Account, visit www.twitter.com and register in accordance with the enrollment instructions for a free Twitter account.
- Become a follower (a “Follower”) of the official @lb_brewing and/or @lb_huntsville (the “Brewery Accounts”).
- During the Contest Period, send a Tweet to the Brewery Accounts using your Account, which contains all of the following elements (together, an “Entry”):
(i) attaches a photo of you holding a Lake of Bays Brewing can of beer (the “Contest Photo”) and which complies with the Photo Entry Specifications (as defined below); and(ii) includes the following hashtag: #lbtaptakeover (the “Hashtag”).
- Comply with Twitter Terms of Service and Twitter Rules available at www.twitter.com
- Conform to Twitter’s (140) character limitation, including the Hashtag.
Your Contest Photo must comply with the following specifications (the “Photo Entry Specifications”):
- be your original creation, and be a photograph taken solely by you. Reproducing, modifying, enhancing or altering a third party’s pre-existing work does not qualify as your original creation;
- not violate the rights of any third party, including, but not limited to copyright. For example, your Contest Photo must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights. For greater certainty, your Contest Photo must not contain trademarks, logos, or trade dress owned by anyone other than the Brewery, or advertise or promote any brand or product of any kind, without express, written, prior permission of the trademark or brand owner;
- not have been published previously, used commercially, submitted to another competition or contest, or won any other award;
- be in “good taste” and in keeping with the Contest Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Contest Sponsor, in its sole and absolute discretion;
- not contain any commercial content that promotes any product or service (other than that of the Contest Sponsor);
- not defame, misrepresent or contain disparaging remarks about the Contest Sponsor or its products;
- not be false, inaccurate or misleading;
- not violate any law or regulation;
- not be libelous, threatening or harassing;
- not instigate others to commit illegal activities or violate human rights; and
- not contain any viruses, worms, or other interfering computer programming.
Note: Although online access and an email account may be required in order to participate in the Contest, no purchase is required. Many public libraries, Internet cafés, retail businesses and others offer free access to the Internet and a number of Internet service providers and other companies offer free email accounts. You have the option, but are NOT required to, complete and submit your Entry by following the instructions provided above using a compatible mobile device. Standard data use and service rates apply and may vary according to your mobile device package and mobile service provider. Please contact your mobile service provider for details before participating in this Contest using a compatible mobile device.
You will receive one (1) Entry in the Contest when you Tweet your Contest Photo as described in Section 3 and 4, above and in accordance with these Contest Rules. LIMIT (1) ENTRY PER PERSON/ACCOUNT DURING THE CONTEST PERIOD (regardless of how many times you submit a Tweet). For greater certainty and the avoidance of any doubt, you can only use one (1) Account to participate in the Contest. If it is discovered that you attempted to enter more than once during the Contest Period, then all your Entries will be void. Use of any automated system to submit Entries is prohibited and will result in disqualification.
BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON TWITTER, FACEBOOK AND/OR THE CONTEST SPONSOR’S 2 PROPRIETARY WEBSITES, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF TWITTER AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE CONTEST SPONSOR AND THE GENERAL PUBLIC.
DRAW AND WINNER SELECTION
On Monday, July 29, in Baysville, Ontario, at approximately 10:00 a.m. ET, one (1) eligible Entrant will be selected by random draw from all eligible Entries received during the Contest Period (the “Selected Entrant”). The odds of winning depend on the number of eligible entries received during the Contest Period.
Before being declared a winner: The Selected Entrant will be contacted by private message on Twitter and notified that they are eligible to win. The Selected Entrant must reply by private message within one (1) business day of notification and provide the Contest Sponsor with a contact phone number. If a Selected Entrant cannot be contacted or fails to respond within one (1) calendar days of selection and the first attempt of contact by the Contact Sponsor or there is a return of any prior notification as undeliverable, he/she will be considered to have forfeited his/her Prize and will be disqualified and another Entrant may be selected, in the sole discretion of the Contest Sponsors, from the remaining eligible Entries until such time as contact is made with a Selected Entrant, there are no more eligible Entries, or there is insufficient time to award the Prize, whichever comes first. In the event that an alternate Entrant is required to be selected, this same winner selection process will apply to such alternate Entrant. The Contest Sponsors will not be responsible for failed attempts to contact any Selected Entrant. No telephone contact, email or other correspondence will be entered into in connection with this Contest, except with the Selected Entrant.
CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question posed in a format of the Contest Sponsors’ choosing. The Selected Entrant will be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the official Contest Rules, acceptance of the Prize, as awarded, without substitution, releasing the Released Parties from any liability in connection with the Prize or the Contest, and granting to the Contest Sponsor the right to use the Selected Entrant’s name, address and likeness in any form of advertising relating to the Contest without further notice or compensation. The chosen guest of the Selected Entrant will also be required to sign a Release Form. The Selected Entrant (and his/her guest) must return the signed Release Form in order to be granted the Prize.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsors within the time frame specified, that Selected Entrant will forfeit his/her Prize and the Contest Sponsors shall be entitled, but not obligated, to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until the Prize has been awarded or there is insufficient time to permit the awarding of the Prize. The Contest Sponsors are not responsible, whether as a result of human error or otherwise, for any failure to contact a Selected Entrant. The Contest Sponsors will contact the Prize Winner following receipt of his/her signed Release Form to arrange for delivery of the Prize.
- Prize: There will be one (1) prize available to be won by the eligible Selected Entrant (the “Prize Winner”), consisting of dinner for two (which includes an appetizer, main course and dessert) at the Huntsville Brewhouse – 59 Main Street East, #1a, Huntsville, Ontario P1H 2B8 (the total approximate retail value is $100 (CDN)) (the “Prize”).
NOTE: The Prize does not include beverage alcohol. The Prize does not include, and the Contest Sponsor will not pay for, transportation to and/or from the Huntsville Brewhouse. All incidental costs and expenses associated with the Prize that are not specifically referred to herein, including (without limitation)transportation, accommodation, and other items of a personal nature are not included and are the responsibility of the Prize Winner and his/her guest.
Prizes must be accepted as awarded and is not transferable or convertible to cash. No substitutions except at Contest Sponsor’s option. The Contest Sponsor reserves the right to substitute the Prize or a prize component with one of equal or greater value, including without limitation, but solely in the Contest Sponsor’s discretion, a cash award. The Prize Winner is not entitled to any difference between the actual retail value of the Prize, or any component thereof, and the approximate retail value outlined herein. Prizes will only be awarded to the person who is the owner of the Account and has provided reasonable proof to the Contest Sponsors that he/she is the authorized owner of such Account, as further described below.
The Prize Winner must be nineteen (19) years of age or older at the time of Prize execution in order to participate in the Prize. The Prize Winner and his/her guest acknowledge and accept all risk of damages, injury or other loss incidental to this Prize and related activities. Participation in the Prize is subject to compliance with all applicable laws, by-laws, regulations and any applicable facility.
By entering By entering the Contest, each entrant agrees to abide by these Contest Rules. This Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited by law. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. In the event of a conflict between these Contest Rules and any instructions or interpretations of these Contest Rules given by an employee of the Contest Sponsors regarding the Contest, these Contest Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Contest Rules shall prevail, govern and control.
The Contest Sponsor reserves the right to cancel, suspend, withdraw or amend this Contest in any way, without prior notice or obligation, 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 Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
You must warrant that your Contest Photo meets the Photo Entry Specifications, set out above. Contest Sponsor reserves the right to deem ineligible and exclude from the Contest any Contest Photo that Contest Sponsor, in its sole and absolute discretion, determines does not meet the Photo Entry Specifications. Your right to submit a Contest Photo must not be restricted in any way. You must be able to provide legal releases for use of your Contest Photo by Contest Sponsor in any format, and materials related to the Contest, including in relation to any third party’s name, likenesses or work (“Third Party Elements“) included in your Contest Photo.
Contest Sponsor’s right to use your Contest Photo: You acknowledge that your Contest Photo will immediately appear in your Twitter feed after it is posted and may appear in other electronic and print materials related to the Contest, including promotional materials. By posting a Contest Photo using the designated Hashtag and Contest Sponsor account name, you irrevocably, perpetually, and without limitation, grant Contest Sponsor the right to use, publish, adapt, sub-license, edit, dispose of, and/or modify such Contest Photo and the concepts and Third Party Elements embodied therein in any way, in commerce, and in any and all media worldwide in electronic and print materials related to the Contest, and waive all your rights, including moral rights, in the Contest Photo, without notice or compensation, and agree that you may be required to sign a release to that effect.
All Entries are subject to verification at any time and for any reason The Contest Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Contest Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
By entering the Contest and submitting a Tweet, each Entrant: (i) without limiting the Twitter Terms of Service grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, 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 Tweet in favour of the Contest Sponsor; and (iii) agrees to release and hold harmless the Released Parties 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 Tweet. For greater certainty and the avoidance of any doubt, the Contest Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated Entrant. If the Contest Sponsor determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated Entrant.
Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple Twitter accounts, shall be deemed as tampering and may disqualify you from entering, participating, winning the Prize (defined herein), and preclude you from participating in future contests and promotions, at the sole discretion of the Contest Sponsor. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions these rules will be judged void. All Entries become the property of the Contest Sponsor upon receipt and none will be returned. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Contest Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Entries, the selection of Winners or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any delivery problems, or any viruses or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to an Entrant’s or to any other person’s computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages, which may be sustained to an Entrant, an Entrant’s Representative or any other person’s computer equipment resulting from an Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any 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.
In the event of a dispute, Entries will be deemed to have submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online Entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the Entrant. A Selected Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry. The sole determinant of the time for the purposes of a valid online Entry in this Contest will be the Contest server machine(s).
By entering this Contest, each Entrant expressly consents to the Contest Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest unless the Entrant otherwise agrees to receive further communications from the Contest Sponsor.
Contest is in no way sponsored, endorsed, or administered by, or in association with, Twitter. Any questions or comments regarding the Contest should be directed to the Contest Sponsor, not Twitter.
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsors in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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 Contest Sponsors and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Contest Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
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.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.