MICHELOB ULTRA ETW GARMIN SMART WATCH PLUS UP 2023 CONTEST
Michelob Ultra ETW Garmin Smart Watch Plus Up 2023 Contest (the “Contest”)
OFFICIAL CONTEST RULES
IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS ("RULES") BEFORE ENTERING THE “MICHELOB ULTRA ETW GARMIN SMART WATCH PLUS UP 2023 CONTEST” (THE "CONTEST"). BY ENTERING THE CONTEST, AN ENTRANT REPRESENTS THAT HE OR SHE SATISFIES ALL OF THE ELIGIBILITY REQUIREMENTS BELOW AND AGREES TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES AND ALL DECISIONS OF LABATT BREWING COMPANY LIMITED (the “CONTEST SPONSOR”).
The contest is open only to residents of Newfoundland and Labrador and New Brunswick who are of legal drinking age and are not an employee, contractor, agent or representative of the Contest Sponsor, the contest judges, or any prize supplier, or their affiliates, agencies, parent companies, subsidiaries, distribution companies, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”) and who are not an employee of the applicable provincial liquor agencies, license control/boards and their licensees, retailers, or distributors (the “Provincial Liquor Authorities”), or a member of the immediate family (parent, spouse, sibling, child) of, or domiciled with any of the foregoing persons. The Provincial Liquor Authorities 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.
The Contest period (the “Contest Period”) will begin at approximately 9:00 a.m. Atlantic Daylight Time (ADT) or about July 1, 2023, and will end on August 15, 2023, at 11:59 p.m. ADT (the “Contest Close Date”).
HOW TO PARTICIPATE
NO PURCHASE NECESSARY. To enter, legibly complete an entry ballot, including answering the skill-testing question (each an “Entry”) in full and submit to ballot box at the participating location prior to the Contest Close Date. Entries received after the Contest Close Date are void.
Entrants must complete the entry ballot in its entirety, including providing the correct answer to the skill-testing question, and be in compliance with these Contest rules in order to be eligible to win.
Limit of one (1) entry per person, per day during the Contest Period. Limit of one (1) prize per person/household. Any participant who attempts to enter with multiple ballot entries under multiple identities will be disqualified and forfeits any prize won, in the Contest Sponsor’s sole discretion.
There is one (1) prize available to be won at each participating location (sixty-nine (69) prizes available to be won in total across all participating locations). Each prize consists of one (1) Garmin Forerunner 245 with Music Smart Watch (hereinafter a “Prize”). The approximate total retail value of each Prize is $480 CAD. Alcohol is not a part of the Prize.
Odds of winning the Prize depend on the total number of eligible Entries received during the Contest Period at each participating location.
Prize may be forfeited if it cannot be redeemed by the winner at the location in which the Entry was submitted. Prize must be accepted as awarded. Prize is not transferable or redeemable for cash. No prize substitutions, except by the Contest Sponsor, who reserves the right to substitute the prize or any portion thereof with a prize of equal or greater value. All decisions of the Contest Sponsor are final and not subject to appeal. The Contest Sponsor is not responsible for the Prize once it has been redeemed. All characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Contest Sponsor’s sole and absolute discretion.
The Contest Sponsor makes no representations or warranties of any kind regarding the appearance, safety, or performance of any prize.
If the number of eligible Entries received is less than the number of Prizes to be awarded, only the eligible Entries received will be drawn and the remaining Prizes will not be awarded.
AWARDING OF PRIZES
There will be a random draw by the Contest Sponsor’s designated agent from among all eligible Entries received at each participating location during the Contest Period for one (1) Prize (sixty-nine (69) random draws in total) on August 16th, 2023, at 12:00 p.m. ADT (the “Draw Date”). The selected entrants will be notified by the Contest Sponsor or its designated agent by phone call within three (3) business days of the Draw Date. The selected entrants must each then respond to the notification within three (3) business days. If a selected entrant has not contacted the Contest Sponsor or its designated agent by such time, another entrant may, at the sole discretion of the Contest Sponsor, be selected by random draw from among the applicable Entries, in which case that entrant will become the selected entrant. The previously selected entrant will be disqualified and will not be entitled to any Prizes.
Before the Prizes are awarded and any selected entrant is declared an official winner of a Prize, each Prize winner will be required to sign a standard declaration of compliance with the Official Rules and release forms (and return such forms by the deadline indicated by the Contest Sponsor) releasing the prize supplier, Contest Sponsor, all other Contest Parties, the Provincial Liquor Authorities and each of their respective affiliates, parent companies, subsidiaries, professional advisors, directors, officers, employees, representatives, successors, assigns and agents (collectively, the "Released Parties") from any and all liability arising out of, pursuant to, or as a result of the carrying out of the Contest, including, without limitation, liability arising from the acceptance of and usage of the prizes as awarded, the administration of the Contest and the selection of a potential winner.
If a potential Prize winner does not respond to the notification within the time stipulated, is found to be ineligible for any reason, declines to accept the Prize, or incorrectly answered the required mathematical skill-testing question, the potential winner will be disqualified and will forfeit the Prize. The Contest Sponsor may then, at their sole and absolute discretion, select another eligible entrant who will be subject to disqualification in the same manner. The Contest Sponsor will not be responsible for failed attempts to notify any potential winner.
Prize must be accepted as awarded. Prize is non-transferable and non-redeemable for cash. No substitutions, except by the Contest Sponsor, who reserve the right to substitute a Prize or any portion of a Prize with a prize of equal or greater value. All decisions of the Contest Sponsor shall be final and shall not be subject to appeal. Prize may be forfeited if it cannot be redeemed by the winner at the location in which the Entry was submitted.
No communication will be entered into by the Contest Sponsor with entrants except with selected entrant(s). The Contest Sponsor is not responsible for the failure, for any reason whatsoever, of a selected entrant to receive notification or for the Contest Sponsor to receive a selected entrant’s response.
By participating in the Contest and submitting an Entry, each entrant (i) agrees to be bound by these Official Rules, including all entry requirements, (ii) agrees that the decisions of the Contest Sponsor is final and without appeal, (iii) remises, releases and forever discharges the Released Parties from any and all actions, causes of actions, suits, debts, dues, accounts, claims, damages, liability, losses, harm, costs or expenses, including without limitation any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, arising out of, or in any way related to, directly or indirectly, the Contest, including without limitation the entrant’s participation in the Contest, any breach of these Official Rules and Regulations, the awarding, receipt, possession, use and/or misuse of any Contest Prize (or any portion thereof), and any travel or activity that is related to the receipt or use of any Contest prize, and/or the violation or infringement of any intellectual property rights or of any publicity, personality or privacy rights, and agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the foregoing.
LIMITATION OF LIABILITY
The Released Parties shall not be liable for any damages caused or alleged to be caused by or resulting from: (i) any Entry, Prize or other correspondence or data that is lost, stolen, late, garbled, distorted, delayed, damaged or misdirected for any reason; (ii) any failure, interruption, technical malfunction or delay; (iii) any e-mail, text or SMS message or other communication sent or received to or from the Contest Sponsor or any of its agents or designees, for any reason; for any incorrect, untimely or inaccurate information, whether caused by a website, users or by equipment or programming errors associated with or utilized in the Contest; (iv) any technical or human error which may occur in the processing of any entry or entries in the Contest; (v) for problems with the function of any website or website feature, howsoever caused; (vi) the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data, software, online systems, servers or access providers; (vii) any functionality lost due to not having cookies enabled; (viii) for traffic congestion on the Internet; (ix) the security or privacy of information transmitted via computer networks; (x) breaches of privacy due to interference by third party computer "hackers" or for any damage caused to or incurred by any entrant or any other person by reason of any such event or occurrence; or (xi) technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant's ability to participate in the Contest.
The Contest Sponsor is not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of winners, or the distribution of any Prize.
RIGHT TO TERMINATE, MODIFY OR SUSPEND
The Contest Sponsor may at any time, at its sole discretion and without liability, terminate, modify or suspend the Contest in whole or in part, subject only to approvals required by law, if fraud, technical failures or communications or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. Without restricting the generality of the foregoing, in the event of early termination of the Contest, a notice will be posted on the contest website to that effect. In addition, for the purposes of determining eligibility to win a Prize in the event of early termination of the Contest, all eligible entries received prior to the time of early termination will be considered as valid and for the purposes of these Rules, the Contest Period will be deemed to have ended at the moment of early termination. The Contest Sponsor reserves the right, at any time, in its sole discretion, to correct any errors, including without limitation, any typographical, printing, computer programming or Sponsor errors. No waiver on the part of the Contest Sponsor to enforce of any term herein shall be deemed a continuing waiver or a waiver of any other term.
The Contest Sponsor reserves the right at its sole discretion to disqualify any individual who is found (i) to be tampering with the entry process or the operation of the Contest; (ii) to be acting in violation of the Official Rules and Regulations; (iii) to have submitted an entry that is not compliant with these Official Rules; or (iv) to be acting in an un-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY ENTRY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH ENTRANT OR INDIVIDUAL AND SEEK DAMAGES OR ANY OTHER REMEDY FROM ANY SUCH ENTRANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
VOID IF ALTERED
Ballot Entries are void if illegible, altered or mutilated. All Contest Entry ballots become the property of the Contest Sponsor, and none shall be returned. The Contest Sponsor is not responsible for lost or late Contest Entry ballots or those that have been tampered with or are ineligible. All decisions of the Contest Sponsor shall be final.
Subject to applicable law and these Official Rules, this Contest and the Official Rules shall be governed by Ontario law and all entrants expressly agree that the Ontario courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Contest and agree to submit to the jurisdiction of the courts of Ontario. The venue of any dispute or litigation shall be Toronto, Ontario. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
SUBJECT TO APPLICABLE LAWS
The Contest is subject to these complete Official Rules and all applicable federal, provincial and local laws and regulations. By participating in the Contest, you acknowledge that you have read the Official Rules and agree to abide by their terms and by the decisions of the Contest Sponsor, which are final and binding on all matters pertaining to the Contest. Any questions, comments or complaints regarding the Contest must be directed to the Contest Sponsor. All federal, provincial and local laws and regulations apply. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
LANGUAGE DISCREPANCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.