OFFICIAL RULES & REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED OR RESTRICTED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
MUST BE OF LEGAL DRINKING AGE TO PARTICIPATE.
STANDARD DATA RATES APPLY TO PARTICIPANTS WHO CHOOSE TO PARTICIPATE IN THE CONTEST VIA A MOBILE DEVICE. PLEASE CONTACT YOUR SERVICE PROVIDER FOR PRICING AND SERVICE PLAN INFORMATION AND RATES BEFORE MOBILE DEVICE PARTICIPATION.
1. KEY DATES:
The Sip, Savour & Win Contest(the “Contest”) begins on begins on October 1, 2018 at 12:00:00 a.m. Eastern Time (“ET”) and ends on December 31, 2018 at 11:59:59 p.m. ET (the “Contest Period”). For the purposes of this Contest and these Official Rules and Regulations (the “Rules”), there will be a total of one-hundred and twenty-two (122) days (each, a “Day” and collectively the “Days”) during the Contest Period. Each Day begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET.
Contest is open to residents of Canada who have reached the legal drinking agein their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are living, whether related or not) of: (a) Ferrero Canada Limited and Arterra Wines Canada Inc. (the “Sponsors”), their respective parent companies, subsidiaries, associated and affiliated entities; (b) Sponsors’ prize suppliers; (c) Sponsors’ advertising/promotion agencies; (d) any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsors, the “Contest Parties”).
IMPORTANT NOTE: Without limiting the generality of the foregoing, employees and contractors of the provincial liquor agencies, liquor licensees, their employees and members of their immediate families (defined for the purposes of these rules as: spouses, siblings and / or children) are not eligible to participate in this Contest. The provincial liquor agencies are not connected with this Contest in any manner whatsoever, and are not liable in any way whatsoever in regard to any matter which relates to this Contest.
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules.
4. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. To enter, go to www.sipsavourandwin.ca(the “Website”) during the Contest Period and follow the on-screen prompts to obtain the Official Contest Entry Form (the “Entry Form”). Next, fully complete the Entry Form with all required information. Among other things, you will need to: (i) enter your first name, last name, complete mailing address (including postal code), valid email address and a valid telephone number; (ii) signify that you have reached the legal drinking agein your province/territory of residence at the time of entry; and (iii) signify your agreement that you have read and agree to be legally bound by these Rules. Once you have fully completed the Entry Form with all required information, follow the on-screen prompts to submit your completed Entry Form to be eligible to earn one (1) Entry (each, an “Entry” and collectively the “Entries”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period.
5. ENTRY LIMIT:
There is a limit of one (1) Entry per person, per Day during the Contest Period. The maximum number of Entries that an eligible entrant may therefore obtain in this Contest is one-hundred and twenty-two (122) Entries – which, is only possible if the eligible entrant earns the maximum allowable one (1) Entry per Day in accordance with these Rules. If it is discovered by the Sponsors (using any evidence or other information made available to or otherwise discovered by the Sponsors) that any person has attempted to: (i) obtain more than one (1) Entry per Day; and/or (ii) 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 the Sponsors’ interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsors. The Contest Parties, the provincial liquor agencies and liquor licensees,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, illegible, inaccurate or incomplete Entries (all of which are void). Any Entry may be rejected, denied and disqualified if, in the sole and absolute discretion of the Sponsors the Entry is not submitted and received in accordance with these Rules.
All Entries and entrants are subject to verification at any time and for any reason. The Sponsors reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsors – 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 or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; or (iii) for any other reason the Sponsors deem necessary, in their sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsors’ interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsors within the timeline specified by the Sponsors may result in disqualification in the sole and absolute discretion of the Sponsors. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsors.
There will be three (3) Prizes (each, a “Prize” and collectively the “Prizes”) available to be won. Each Prize consists of the opportunity for the confirmed winner and up to twenty (20) guests (each, a “Guest” and collectively the “Guests”) to attend a Wine and Chocolate Pairing Event (the “Event”) that will be hosted by the Sponsors at a Canadian location near the confirmed winner's residence (which, is anticipated to be in the closest main city to the confirmed winner’s residence) (as determined by Sponsors in their sole and absolute discretion). Events are currently scheduled to take place between February 2019 and April 2019 (or on such other dates as may be specified by the Sponsors in their sole and absolute discretion) and it is anticipated that each Event will take place for two (2) hours in the evening sometime between 5:00 p.m. and 10:00 p.m. local time. Each Event consists of: (i) premium wine and chocolate pairings featuring Ruffino wine sampling with FERRERO GOLDEN GALLERY® chocolates; (ii) a lesson on flavours and pairings hosted by a trained sommelier; (iii) light appetizer fair; (iv) a gift basket for the confirmed winner (consisting of items selected by the Sponsors in their sole and absolute discretion); and (v) roundtrip transportation (in a manner determined by the Sponsors in their sole and absolute discretion) for the confirmed winner and his/her Guests to share in order to get home after the Event. Note: Non-alcoholic beverages will also be provided. Other than the foregoing, no additional accessories, food or beverages will be supplied. The total approximate retail value of each Prize is ten thousand Canadian dollars ($10,000 CAD). Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. All aspects of each Prize will be determined in the sole and absolute discretion of the Sponsors.
Without limiting the generality of the foregoing, the following general conditions apply to each Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsors in their sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsors’ option; (iii) the Prize must be utilized on the date specified by the Sponsors (otherwise the Prize may, in the sole and absolute discretion of the Sponsors, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and his/her and Guests; (v) if the confirmed winner and/or any of his/her Guests do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsors, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vi) Sponsors reserve the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsors’ sole discretion, a cash award; (vii) all arrangements relating to the Prize must be made through the Sponsors or their designated agents; (viii) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (ix) the Prize winner must supply a Guest list to the Sponsors at least two (2) business days in advance of the Event; and each of the confirmed winner’s Guests must: (a) be of the legal drinking agein his/her jurisdiction of residence or the province/territory in which the Event is held (whichever is greater); and (b) sign and return the Sponsors’ release (by the date indicated on the release form) indicating (among other things) that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize. Changes to a confirmed winner’s Guest list will not be permitted once the Guest list has been submitted in accordance with these Rules.
If the Sponsors determine at any time that a Prize winner and/or any of his/her Guests is not complying with the conditions and protocols described in these Rules, the Event may be terminated immediately. The Sponsors will have final and absolute right to determine what behaviour and activity is acceptable at the Event, and may terminate the Event at any time for any reason.
IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH ATTENDING THE EVENT WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF EACH CONFIRMED WINNER AND HIS/HER GUESTS. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH ATTENDING THE EVENT OR OTHERWISE. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT WHATSOEVER, EACH PRIZE INCLUDES ONLY THOSE SPECIFIC ELEMENTS EXPRESSLY OUTLINED ABOVE IN THESE RULES.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner and each of his/her Guests understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsors or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner agrees to waive all recourse against the Sponsors and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
There is a limit of one (1) Prize per person/household.
8. ELIGIBLE WINNER SELECTION PROCESS:
On January 4, 2019 (the “Draw Date”) in Toronto, Ontario at approximately 10:00 a.m. ET, three (3) eligible entrants will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
9. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsors or their designated representatives will make a minimum of three (3) attempts to contact each eligible winner (using the information from the Entry Form) within three (3) business days of the Draw Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable and/or if any correspondence is not responded to; then he/she may, in the sole and absolute discretion of the Sponsors, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsors reserve the right, in their sole and absolute discretion and time permitting, to randomly select an alternate eligible winner in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSORS OFFICIALLY CONFIRM HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsors, be administered online, by email or other electronic means, by telephone, or in the Sponsors’ form of declaration and release (the “Declaration and Release”); and (b) sign and return within three (3) business days the Declaration and Release, which (among other things):
· confirms compliance with the Rules;
· accepts the Prize (as awarded);
· agrees to the publication, reproduction and other uses of his/her name, city/province/territory, voice, statements about the Contest and photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsors in any manner or medium whatsoever, including print, broadcast or the internet;
· releases the Released Parties from any liability whatsoever in connection with the Contest, his/her participation therein, his/her acceptance of the Prize, his/her participation in the Prize, and his/her use or misuse of the Prize or any portion thereof;
· agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from the use of the Prize or any component thereof and his/her participation in the Prize;
· accepts that notwithstanding any other provision in the Declaration and Release, the sole obligation and collective liability of the Released Parties, and his/her sole remedy for any claim in any way connected with or arising out of the Declaration and Release, the Prize and his/her acceptance, use or misuse of such Prize or any portion thereof, shall be for actual and direct damages only, which shall not exceed, in the aggregate, the approximate retail value of the Prize, as set forth above;
· accepts that in no event shall the Released Parties be liable for loss of savings or earnings, mental distress, inconvenience, or indirect, special, consequential, incidental, punitive or exemplary losses, damages or expenses, arising hereunder or in connection with the Declaration and Release, the Prize and his/her acceptance, use or misuse of such Prize or any portion thereof, or the Contest and his/her participation therein, even if Sponsors have been advised of or are aware of the possibility of such losses, expenses or damages;
· agrees that, to the fullest extent permitted by applicable law, he/she may not seek reimbursement or pursue any legal or equitable remedy from the Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory;
· accepts that the limitations, exclusions and disclaimers set out shall apply irrespective of the nature of the cause of action or claim, including, but not limited to, breach of contract, tort (including negligence) or any other legal theory and shall survive any consummation of the Prize; and
· understands that Sponsors hold in trust for and on behalf of the Released Parties the benefit of the releases, limitations, exclusions and disclaimers set forth herein and such Released Parties are third party beneficiaries of such releases, limitations, exclusions and disclaimers.
11. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsors with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSORS TO BE IN VIOLATION OF THE SPONSORS’ INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSORS AT ANY TIME.
The Released Parties will not be liable for: (i) any failure during the Contest – including, but not limited to, any failure of the Website or any other website/platform during or after the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, but not limited to, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured 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 an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsors reserve the right, in their sole and absolute discretion, to deem the Entry to have been 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. An entrant may be required to provide proof (in a form acceptable to the Sponsors – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
The Sponsors reserve the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsors that interferes with the proper conduct of this Contest 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 Contest in any way (as determined by Sponsors in their sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law. The Sponsors reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsors reserve the right, in their sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie 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.
The Sponsors reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsors, for purposes of verifying compliance by any entrant, Entry 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 the Sponsors, in their sole and absolute discretion, affect the proper administration of the Contest 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 Contest-related materials, including, but not limited to, 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 the Sponsors, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
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.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsors 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 Ontario 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 the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.