Rules and regulations
AQUILINI BRANDS CANADA INC., “LIVE OUT LOUD SUMMER” CONTEST RULES
1) CONTEST PERIOD: The Aquilini Brands Canada Inc., LIVE OUT LOUD SUMMER Contest (the “Contest”) begins at 12:00:01 am Eastern Time (“ET”) on May 20, 2021 and ends at 11:59:59 pm ET on May 23, 2021 (“Contest Period”).
The Sponsor of the Contest is Aquilini Brands Canada Inc. (“Sponsor”).
2) ELIGIBILITY: This Contest is open to legal residents of Canada who are 19 years of age or older as of the date of entry. Employees of Aquilini Brands Canada Inc., the Liquor Distribution Branches of every Province and Territory, and the Liquor and Cannabis Regulation Branch, and immediate family members of anyone in these groups, are not eligible to enter or win the Contest.
3) HOW TO PARTICIPATE: In order to enter the Contest, you must have an Instagram or Facebook account (“Social Media Account”). If you do not already have an Instagram or Facebook account you may obtain one for free by visiting www.instagram.com or www.facebook.com and following the onscreen instructions to create an account.
To enter the Contest, a user must follow or like Jaw Drop Cocktail Co.’s Facebook or Instagram page, and tag a minimum of one friend in the contest post. Each tagged friend constitutes an additional entry. Sharing the contest post to your stories earns an additional entry.
To be eligible for the Contest, your post must (the “Entry Specifications”): comply with the Facebook Terms of Service or Instagram Terms of Service and Facebook Rules or Instagram Rules available at www.facebook.com and www.instagram.com; not (x) promote excessive or prolonged consumption of liquor or consumption of liquor generally, (y) make any express or implied representations or claims relating to the effects of liquor consumption or (z) include an individual who is under the influence of alcohol; not show you or any other person consuming liquor or what could be construed as liquor; not include content that would appeal to persons under 19 years of age; not infringe or violate publicity or privacy rights of any person, living or deceased. For greater certainty, you may not tag anyone other that is under 19 years of age. You may not infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights. For greater certainty, your Post must not contain trademarks, logos or trade dress owned by anyone other than the Sponsor. Your post must be in “good taste” and in keeping with the Sponsor’s brand image and must not be offensive, obscene, profane, libelous, threatening, harassing, derogatory toward any person, ethnicity, race, gender, sexual orientation, religion, profession, or age group or promote any activities that may be illegal, inappropriate, unsafe, dangerous, or socially irresponsible, as determined by the Sponsor, in its sole and absolute discretion; not defame, misrepresent or contain disparaging remarks about the Sponsor or any other company, brand or person or and of their products; and not violate any law, rule or regulation. Any Post that does not comply with the Entry Requirements will not be eligible for entry into the Contest.
No purchase necessary
There is no purchase necessary to enter the Contest. Making a purchase will not in any way increase or otherwise impact your chances of winning.
A valid entry during the Entry Period is described as following or liking Jaw Drop Cocktails Facebook or Instagram page and tagging a friend in the comments section of the contest post. You will receive between one additional entry into the draw per friend that is tagged in your comment. Use of multiple Instagram or Facebook accounts to enter will result in disqualification.
All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including without limitation, government issued photo identification) for eligibility to claim a prize. Failure to provide such proof in a timely manner may result in disqualification.
If you enter the contest via a wireless mobile device, standard data use and service rates may apply, which vary according to your mobile device package and mobile service provider. Please contact your mobile service provider for details before participating in this Contest using a mobile device.
4) LICENSE: By entering the Contest and submitting a Post, each entrant: (i) without limiting the Instagram or Facebook Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Post, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her/their Post in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties (defined in Rule 8 below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Post.
5) PRIZES: There are three (3) prizes available to be won during the Entry Period. Each prize consists of one (1) Giant Flamingo Floatie valued at approximately $69.99 CAD/ea. There is a limit of one (1) prize per winner.
6) DRAW DATES: The potential winners of the Prize available during the Entry Period will be selected by random draw to be held on May 24, 2021 by 11:59pm from among all eligible Posts received during the Entry Period.
7) ODDS OF WINNING: The odds of winning a Prize depend on the number of eligible Posts received in the Entry Period.
8) PRIZE AWARDING: Sponsor or its representative will make reasonable attempts to contact selected entrants within five (5) business days of the applicable draw date via a Direct Message through Instagram or Facebook. If a selected entrant does not reply within five (5) business days from the first attempt at contact, that entrant will be disqualified, and another entrant will be randomly selected from remaining eligible entries. In order to be declared an official winner, the selected entrant must first: (i) correctly answer a mathematical skill-testing question without mechanical or other assistance; (ii) be in compliance with these Contest Rules and iii) provide government-issued identification proof of Legal Drinking Age (19+). If a selected entrant fails to be in compliance with these Contest Rules, the Sponsor reserves the right to disqualify that entrant and to select another entrant to be eligible for the Prize from remaining eligible entries (in which case the foregoing process will be followed for that selected entrant). By accepting the Contest Prize, the entrant (i) confirms compliance with these Contest Rules, (ii) releases and forever discharges Aquilini Brands Canada Inc, all Provincial and Territorial Liquor Distribution Branches, Instagram, Facebook and their affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective employees, agents, directors, successors and assigns (“Released Parties”) from and against any and all claims, demands, damages, actions and causes of action arising or to arise by reason of the entrant’s participation in the Contest and/or the acceptance, use or misuse of the Prize, and (iii) gives permission to Aquilini Brands Canada Inc, at its option, to publish or otherwise use the entrant’s Post, name, city/province, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prize will be allowed, unless at the discretion of the Sponsor, which may substitute a prize or prizes of comparable or greater value. Winner is responsible for any taxes associated with the Prize. In the event of a dispute as to the identity of an entrant, the entrant will be deemed to be the authorized account holder of the social media account used to submit the Post. “Authorized account holder” is the person assigned to a social media account by Instagram or Facebook. No correspondence will be entered into with entrants except with the selected entrants.
9) GENERAL: The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. You understand that you are providing your information to the Sponsor and not to Instagram or Facebook. Instagram and Facebook are completely released from all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram or Facebook.
By entering the Contest, participants agree to abide by these Contest Rules and the decisions of the Sponsor, which are final and binding. The Sponsor shall in no way bear any liability whatsoever regarding any of the prizes. The Released Parties will not be responsible for late, lost, unsearchable, invalid, illegible, delayed, incomplete, stolen or misdirected posts or prize claims. The Sponsor’s clock shall be the sole determinant of time for the purposes of this Contest.
The Released Parties will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any correspondence to be received, captured or recorded for any reason, 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; and/or (v) any combination of the above.
By entering, each entrant agrees to release and forever hold harmless the Released Parties from and against any and all claims, demands, damages, actions and causes of action arising or to arise by reason of the entrant’s participation in the Contest and/or the acceptance, use or misuse of the Prize.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Contest Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
Winners understand and allow up to 3 months to receive their Prize.
10) APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of any provision of these Contest 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 Contest 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 Contest Rules or the rights and obligations of participants, Sponsor 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 British Columbia 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 exclusive jurisdiction and venue of the courts located in Vancouver, British Columbia in any action to enforce (or otherwise relating to) these Rules or relating to this Contest. For residents of Quebec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux 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.
11) PRIVACY: By entering this Contest you consent to the collection, use and disclosure of your personal information as necessary to administer the Contest and in accordance with Freedom of Information and Protection of Privacy Act. Personal information may be shared with the Contest Administrator for this purpose. Personal information is collected under the authority of section 74.06 of the Competition Act RSC 1985 C-34. If you have any questions regarding the collection, use or disclosure of your personal information by the Aquilini Brands Canada Inc., please contact: Aquilini Brands Canada Inc. email@example.com