OFFICIAL PALM BAY CANADA “ENTER TO WIN† A $10,000 HOME IMPROVEMENT GIFT CARD” CONTEST RULES

IMPORTANT:  PLEASE READ THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”) BEFORE ENTERING THE PALM BAY CANADA ENTER TO WIN†  A $10,000 HOME IMPROVEMENT GIFT CARD (THE "CONTEST").  BY ENTERING THE CONTEST, AN ENTRANT REPRESENTS THAT THEY SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW AND AGREE TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES AND ALL DECISIONS OF LABATT BREWING COMPANY LIMITED (THE “CONTEST SPONSOR”).

NO PURCHASE NECESSARY TO PARTICIPATE. MUST BE LEGAL DRINKING AGE IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND A RESIDENT OF CANADA.

 

ELIGIBILITY: To be eligible to participate, you must:

  • be a legal resident of Canada;
  • be of legal drinking age in your province or territory of residence; and
  • not be a member of the immediate families of an employee, contractor, agent or representative of the Contest Sponsor, or any of its respective parent companies, subsidiaries, affiliates, agencies, distribution companies, the applicable liquor authorities, participating liquor licensees, the prize suppliers; or any of their respective shareholders, trustees, directors, officers, employees or agents or any person who is domiciled with any of the foregoing persons.

For the purpose of the Contest, “immediate family” is defined as parent, spouse, sibling, child or any person residing in the same household or domiciled with any such employees or representatives.

The Provincial Liquor Authorities are not connected with the Contest in any manner whatsoever and are not liable in any way whatsoever in regard to any matter which relates to this Contest.

If the identity of an entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address by an online service provider, Internet access provider or other organization responsible for assigning the e-mail address for the domain associated with the submitted e-mail address is considered the authorized account holder. An entrant may be required to provide the Contest Sponsor with proof that they are the authorized account holder of the e-mail address associated with the winning entry.

 

CONTEST PERIOD: The Contest begins at approximately 9:00 a.m. Eastern Standard Time (“ET”) on or about May 1, 2024 and ends at 11:59 p.m. ET on June 12, 2024 (the “Contest Close Date”).

 

HOW TO ENTER & HOW TO WIN:  To participate in the Contest, entrants must have Internet access and a valid email address.  During the Contest Period, there are three (3) ways to enter the Contest, as follows:

  1. Participants can scan a quick response (QR) code on Contest Sponsor marketing materials at participating locations, complete the contest entry from in its entirety, and click submit;
  2. Participants can submit an entry by visiting WWW.SHOPBEERGEAR.CA/PALM-BAY-ENTER-TO-WIN, completing the contest entry from in its entirety, and clicking submit; or
  3. To receive an entry without purchase, send a postage and stamped envelope to "Palm Bay Canada", 180 Henri Dunant St., Moncton, NB, E1E 1E6. Limit one (1) request per postage stamped envelope per person. Include your name, return mailing address, the statement "I am of legal drinking age in my province of residence,” and write a 150-word essay on "What does your dream tropical escape look like?" and your signature. Requests must be received before the Contest Close Date.

Limit of one (1) entry per person, per day during the Contest Period, regardless of the method of entry. Entries must be received prior to the Contest Close Date. Entries received after the Contest Close Date are void. Contest Sponsor reserves the right to disqualify an entry for any reason whatsoever at its sole discretion. All decisions of the Contest Sponsor shall be final and shall not be subject to appeal. No other form of submitting an entry is valid other than as stated above.  Multiple participants may not share the same email address.  Participants may not enter with multiple email addresses, nor may participants use any other device to enter under multiple identities.  Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in the Contest Sponsor’s sole discretion.

No responsibility is assumed by the Contest Sponsor for any inability of a potential entrant to successfully enter the Contest for any reason. The Contest Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (e.g. screenshots) does not constitute proof of receipt.

 

PRIZE: There are three (3) prizes available to be won. Each prize consists of one (1) $10,000 CAD gift card to a home improvement retail location located in your province of residence. The retail location will be selected by Contest Sponsor, in its sole discretion, based on Contest winner’s location of residence (hereinafter, the “Prize”). The Prize may be used to make purchases at the home improvement store selected. Approximate retail value of each Prize is $10,000 CAD. Alcohol is not part of the Prize. Additional terms and conditions may apply based on the retail location selected. The retail location associated with the Prize has not offered or sponsored this promotion in any way and is not affiliated with this Contest.

Prize must be accepted as awarded. Prize is non-transferable and non-redeemable for cash or other cards as required by law. 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.

 

ODDS: The odds of winning a Prize depend on the number of eligible entries received prior to the Contest Close Date.  

 

AWARDING OF PRIZES:  The contest will consist of one (1) draw during which the Contest Sponsor will randomly select three (3) entries from among all eligible entries received during the Contest Period on June 13, 2024 at 2:00 p.m. ET in Toronto, Ontario (the “Draw Date”). The selected entrant will be notified by the Contest Sponsor via email address (provided within the Web Submission Form at time of entry) within three (3) days of the draw (the “Notification”). If the entrant has not responded to the Notification within three (3) days of receipt of such Notification, another entrant may, at the Contest Sponsor’s sole discretion, be selected by random draw in which case that entrant will become the selected entrant and the previously selected entrant then will be disqualified and have no right to a Prize.

Before being declared a winner, the selected entrant(s) must correctly answer, unaided, a timed mathematical skill-testing question administered by the Contest Sponsor. Before a Prize is awarded, the Prize winner will be required to sign a standard declaration of compliance with the Official Rules and release forms releasing the prize supplier(s) and Contest Sponsor, each of their respective affiliates, parent companies, subsidiaries, professional advisors, provincial liquor authorities and advertising and promotional agencies, and each of their directors, officers, employees, representatives 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 a prize 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 a Prize, or incorrectly answers the required mathematical skill-testing question, or runs-out of time to correctly answer the required mathematical skill-testing question, the potential winner will be disqualified and will forfeit a 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.

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.

All decisions of the Contest Sponsor shall be final and shall not be subject to appeal. Prize may be forfeited if delivery cannot be effected following reasonable efforts by Contest Sponsor. 

 

RELEASE:  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.

 

ERRORS:  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 a 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 Offical 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.

 

DISQUALIFICATIONS:  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 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.

 

DISPUTES:

QUEBEC RESIDENTS: SUBJECT TO APPLICABLE LAWS AND THESE OFFICIAL RULES, PARTICIPANTS EXPRESSLY ACCEPT THAT THE COURTS OF QUEBEC HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE OR LITIGATION ARISING FROM OR RELATING TO THIS CONTEST AND AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF QUEBEC. THE VENUE FOR ANY LITIGATION OR DISPUTE BY A RESIDENT OF QUEBEC WILL BE MONTREAL, QUEBEC.

 

RESIDENTS OF CANADA, EXCEPT QUEBEC: ALL ISSUES AND QUESTIONS CONCERNING THE STRUCTURE, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS AND THE CONTEST SPONSORS IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE PROVINCE OF ONTARIO, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. ALL ENTRANTS CONSENT TO THE JURISDICTION AND VENUE OF THE PROVINCE OF ONTARIO.

 

PRIVACY STATEMENT: The Contest Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Contest Sponsor to conduct the Contest and fulfill any Prize requirements and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsor, please refer to the Contest Sponsor’s privacy policy, available at https://www.labatt.com/ca_en/privacy-policy

 

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.