1. Contest Period
The Eversweet Fountain Giveaway (the “Contest”) begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on March 23, 2020 and ends at 11:59:59 p.m. EST on March 30, 2020 (the “Contest Period”). By participating in the Contest, each entrant agrees to abide by and be bound by these Official Rules. Entrants further agree to abide by and be bound by all decisions of INSTACHEW MQRS Holdings Inc. (the “Sponsor”), which shall be final and binding, without right of appeal, in all matters relating to this Contest and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.
The Contest is open to legal residents of Canada and the United States of America (excluding Quebec) who have reached the age of majority in their province or territory of residence as of the date of entry. Excluded from eligibility are the officers, directors, employees, agents and representatives of the Sponsor, INSTACHEW and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities“), and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives.
3. How to Enter
NO PURCHASE NECESSARY. Internet access, valid email address, or twitter account, or Instagram account, and enter your info, retweet, follow, and comment to receive the prize. Limit: one (1) entry per person during the Contest Period.
There is one (1) prize, the Eversweet Fountain, (the “Prize”) available to be won, consisting of: one (1) Eversweet Fountain.
Approximate retail value of the Prize is $90CAD. The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Prize, or part thereof, cannot be awarded as described for any reason. Sponsor will not replace any lost or stolen prizes. Any other costs or expenses associated with the Prize not specified herein will be the responsibility of the selected winner.
5. How to Win
On or about March 30, 2020 at the Sponsor’s office located in Toronto, a random draw will be conducted from among all eligible entries received during the Contest Period for the purpose of selecting a Prize winner. Odds of being selected depend on the number of eligible entries received during the Contest Period.
6. Prize Claim Conditions
In order to be declared a winner, the selected entrant must: (i) respond to notification of selection (and provide Sponsor with the selected entrants email address) within two (2) business days of first attempt by Sponsor; (ii) correctly answer, unassisted, a time-limited mathematical skill-testing question by email; (iii) sign and return to Sponsor, within two (2) business days of it being sent by Sponsor, a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of any prize (the “Release”); and, (iv) otherwise comply with these Official Rules. Return of the Prize, or any part thereof, or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within two (2) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide a valid email address, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Prize, or part thereof, and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize, or part thereof, in accordance with these Official Rules, who will be subject to disqualification in the same manner.
7. Right to Void / Terminate / Suspend / Modify
Sponsor reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole discretion, any factor or event arises that could interfere with the proper conduct, administration, security or impartiality of the Contest as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest, the Contest Website and/or the instachew.com (the “Sponsor Website”), violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
8. Limitation of Liability and Releases
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES, INC. HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES AND INSTAGRAM, INC. HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING
FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE OR THE SPONSOR WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.
Without limiting the foregoing, the Promotion Entities, any of Sponsor’s suppliers or contractors shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Contest Website users, Sponsor 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 submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail, any contest entry, any Instagram comment or any Instagram direct message to be received by or from the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation in this Contest or in connection with the Contest Website or the Sponsor Website; or (h) any failure of the entry, draw or other Contest process.
9. Protection Of Personal Information
By entering the Contest, the winner authorizes the Sponsor to use, in any media (including the Internet) in perpetuity, their name, photograph, likeness, voice, place of residence and/or statement regarding the Prize for publicity and advertising purposes, without any compensation.
11. General Conditions
All entries become the property of Sponsor and will not be returned and no correspondence will be made with or entered into except with selected entrant(s). By participating in the Contest, each entrant agrees that the Promotion Entities have not made, with respect to each of their own products/services provided as a prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. The Sponsor is not responsible for lost, misdirected or delayed entries. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Contest.
Contest is subject to all applicable federal, provincial and municipal laws. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof.
In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram account used for entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Instagram account by Instagram. The potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the selected entry.
In the event of any discrepancy or inconsistency between the provisions of the Contest Rules and disclosures or other statements contained in any contest related materials, including but not limited to the Contest entry form, or radio, television, print, outdoor or online advertising, the provisions of the Contest Rules shall prevail and govern. The headings of the sections of the Contest Rules are for convenience of reference only and shall not affect the interpretation of the Contest Rules.
13. Governing Law
This Contest is governed by the law of Canada. Each entrant agrees, to the extent permitted by law, that any judicial proceedings relating to any disputes, claims or causes of action arising out of or in connection with the Contest shall take place in a provincial court within Ontario.
Mini rules for contest advertising
NO PURCHASE NECESSARY. Open March 23, 2020 to March 30, 2020 to legal residents of Canada and the U.S.A (excluding Quebec) who have reached the age of majority in their jurisdiction of residence. One (1) prize is available to be won, consisting of one (1) Eversweet Water Fountain Generation 3. Odds of winning depend on number of eligible entries received.