NIAGARA IN SYLE CONTEST
OFFICIAL RULES AND REGULATIONS (“Official Rules”)
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.
(1) CONTEST PERIOD: Niagara In style Contest (the “Contest”) begins at 12:00 a.m. ET on May 06, 2019 and ends at 11:59 p.m. ET on May 24, 2019 (the "Contest Period").
(2) ELIGIBILITY: The Contest is only open to legal residents of Ontario, Canada, who 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 “WineOnline.ca” or “Contest Sponsors”), (the “Prize Supplier”), 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).
(3) HOW TO ENTER: NO PURCHASE NECESSARY.
To enter the Contest, each Entrant must use one of the following methods of entry (each, a “Method of Entry”):
(a) During the Contest Period, place an order, including all required information (including, without limitation, your name, address, email address, etc.) for a Wineonline.ca product(s) (except for those specifically listed below), with a minimum value of one hundred dollars ($100.00 CAD), using one of the following options:
i. Wineonline.ca’s online store, located at https://www.wineonline.ca
For additional information on how to place an online order with the Wineonline.ca, please go to the Wineonline’s Online Order FAQs at https://www.wineonline.ca/customer-service/
Any purchases made from any links from, but not on, the wineonline’s online store, including, Gift Cards, with the minimum of $100.00 CAD resulting in one (1) Entry into the Contest.
For clarity, any orders with a value of less than $100.00 CAD will NOT be eligible to receive an Entry into this Contest. Use code “NiagaraInStyle” at checkout to enter into the Contest.
There is no limit on the number of eligible, purchase-based Entries per person during the Contest Period.
If it is discovered by the Contest Sponsors (using any evidence or other information made available to or otherwise discovered by the Contest Sponsors) that any person has attempted to: (i) obtain more than two (2) No Purchase Entries during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, then he/she may be disqualified from the Contest in the sole discretion of the Contest Sponsors.
The Contest Sponsors reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsors – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsors deem necessary, in their sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsors in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsors.
The potential winner of the Prize (the “Selected Entrant”) may also be requested to provide the Contest Sponsors with reasonable proof that he/she is the Authorized Account Holder of the email address associated with the winning Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the email address is registered, provided that person meets all other eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
All Entries shall become the property of the Contest Sponsors and none shall be returned.
By entering the Contest, each Entrant agrees to be bound by the Official Rules and the decisions of Contest Sponsors, which are final with respect to all matters relating to the Contest.
(4) PRIZE: There is one (1) grand prize available to be won (the “Prize”), consisting of:
Limousine Niagara Wine tour with lunch (Approximate Retail Value (“ARV”) is $1200.00 CAD for 6 persons);
The total approximate retail value of the Prize is four hundred and fifty dollars ($1200.00 CAD). 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.
All incidental costs and expenses associated with the Prize that are not specifically referred to herein, including (without limitation) meals, travel, medical insurance, baggage charges, personal expenses of any nature related to any overnight layover, gratuities, taxes, incidental and personal expenses, souvenirs and other items of a personal nature are not included and are the responsibility of the Prize Winner and his/her guest.
The Prize Winner and his/her guest must be able to travel together on the dates and at the times designated by the Contest Sponsors or the Prize will be forfeited and may be awarded to an alternate eligible Entrant at the Contest Sponsors’ sole discretion. The Prize Winner and his/her guest must participate in all aspects of the Prize together (i.e. the Prize Winner cannot have a different guest for different aspects of the Prize). All travel arrangements, accommodations, scheduled events and other aspects of the Prize itinerary will be arranged by the Contest Sponsors in their sole and absolute discretion. Once the travel itinerary has been finalized between the Prize Winner and Contest Sponsors, no changes can be made unless initiated or approved by Contest Sponsors.
The Prize Winner and his/her guest 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 may not be granted access to any licensed areas affiliated with the Prize, unless they can each show valid identification and proof of legal drinking age, in accordance with the laws in Ontario (CAD).
The Prize Winner and his/her guest acknowledge and accept all risk of damages, injury or other loss incidental to any event for which tickets are issued, whether occurring before, during or after the event, and hereby voluntarily agrees to assume the same. The Contest Sponsors or Prize Suppliers reserve the right to refuse admission and/or to expel from the event and/or any other aspect of the Prize, any person whose conduct is deemed by them to be objectionable. Expulsion from any event cancels the tickets for the offending individual(s) and the individual(s) thereupon forfeit(s) all claims with respect to the tickets. Participation in the Prize is subject to compliance with all applicable laws, by-laws, regulations and any applicable facility or carrier rules; failure to comply may result in non-admission or expulsion from further participation in the Prize.
The Prize outlined above must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or, where applicable, convertible to cash. The Contest Sponsors reserve the right, in the event that the Prize, or any component of the Prize, cannot be awarded as described herein for any reason, to substitute the same for another
prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash (where applicable) or otherwise.
The odds of winning the Prize will depend on the total number of eligible Entries received during the Contest Period and the number of Entries submitted by each Entrant.
(5) WINNER SELECTION:
A random draw will be conducted at the offices of the Wineonline.ca on June 3rd 2019, from amongst all eligible Entries received during the Contest Period. The Selected Entrant will be
contacted by the Contest Sponsors or Wineonline.ca at the email address or telephone number associated with his/her WIneonline.ca purchase order, or as submitted with his/her No Purchase Entry, following his/her selection. If a Selected Entrant cannot be contacted or fails to respond within one (1) week of the first attempt of contact by the Contest Sponsors or Wineonline,ca, he/she will be considered to have forfeited his/her Prize and will be disqualified and another Entrant may be selected, is the sole discretion of the Contest Sponsors or Wineonline,ca, 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 or Wineonline,ca 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.
(6) 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 Rules, acceptance of the Prize, as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest. 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 his/her Prize.
In the event of a conflict between these Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsors regarding the Contest, these Official Rules shall prevail. 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, the terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official 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 Official 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.
(8) LIMITATION OF LIABILITY
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 problems, 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.
(9) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsors. The Contest Sponsors reserve the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsors reserve the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process,
interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsors reserve the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsors. In their sole determination, the Contest Sponsors may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsors reserve the right, in their sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsors corrupt the security, proper play or administration of the Contest.
(10) PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, the Winner grants to the Released Parties and each of their subsidiaries and affiliates, promotional and advertising agencies and representatives, the right to use his/her respective name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes related to this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsors respect your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsors to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsors. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsors, please refer to the Contest Sponsors’ privacy policies, available at https://www.wineonline.ca/privacy-policy
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 Official 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 Official 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 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 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.