CANADIAN CLUB #CCCHEERS CONTEST RULES AND REGULATIONS

 

These are the official rules and regulations (“Rules”) applicable to persons (“You” or a “Participant”) who enter the Canadian Club #CCcheers contest promotion (the “Promotion”). By entering the Promotion, You accept these Rules and agree to be bound by them and by the interpretation of these Rules by Beam Canada Inc. (the “Sponsor”).

 

 

  1.   ELIGIBILITY 

    The Promotion is open to all residents of Canada who are at least nineteen years of age at the time of entry, other than the following persons who are not eligible to enter the Promotion:

    1. residents of the province of Quebec;
    2. employees and contractors of the provincial liquor agencies, boards, commissions, and branches, liquor retailers, alcohol beverage distributors/wholesalers and liquor licensees;
    3. employees of the Sponsor, its subsidiaries, affiliates, and/or related companies, and their respective agents and representatives, and the advertising, promotional and media agencies; and
    4. the immediate families of those persons listed in sections 1.2(b) and 1.2(c) or persons with whom they are domiciled.

       
  2.   PROMOTION PERIOD 

    The Promotion will be open for participation from 12:01 a.m. (EST) on May 19, 2021 to 11:59 p.m. (EST) on July 2, 2021 (the “Promotion Period”).

     

  3.    HOW TO ENTER 

    1. Sponsor shall post CTA post (“CTA Post”) located at https://www.instagram.com/canadianclub/(“CC Instagram Page”) on each wednesday during the Promotion Period (each a “#CCcheers Event”).

    2. To enter a #CCcheers Event, the Participant must:
      1. be a registered user of Instagram.Instagramregistration is free and can be obtained by logging on to www.instagram.com and following the online instructions to open a naccount;
      2. reply to CTA post which will require users to post a photo to Instagram of them enjoying CC in the Summer. Entries must be in compliance with the Content Requirements specified in Rule 4 herein; and
      3. tag @canadianclub and #CCcheers
    3. Participant’s setting must be set to “unprotected” and/or “public” in order for posts to be viewable by Sponsor and its agents. Only posts that are viewable by Sponsor and its agents will be considered an Entry.
       
    4. Message and data rates may apply if Participant enters Contest via mobile device. 
       
    5. NO PURCHASE IS NECESSARY to enter the Promotion and a purchase will not increase a Participant’s chance of winning.
       
    6. All Entries become the property of the Sponsor on submission.


       
  4. Further Entry Conditions: By entering, entrants acknowledge their compliance with and agreement to be bound by these Official Rules and the Sponsor’s decisions. All entries become the property of Sponsor and will not be returned.

    All Entry submissions must comply with the following requirements:

    Content Requirements: All Participants must use caution and common sense in creating their Entry.

    THE ENTRY WILL BE RETAINED BY SPONSOR AND WILL NOT BE RETURNED. PARTICIPANTS WILL RECEIVE NO PAYMENT, ROYALTY OR OTHER COMPENSATION FOR THE USE OF THE ENTRY, EXCEPT FOR THE PRIZE WINNERS

    The Entry must be suitable for publication and compliant with the following content requirements in the sole opinion of the Sponsor:

    • Entry cannot be obscene, defamatory, dangerous, discriminatory, endorse any form of hate or hate group (as determined in the sole discretion of the Sponsor), infringing or otherwise inappropriate or unsuitable for publication to general audiences over legal purchase age (as determined in Sponsor’s sole discretion);
    • Entry cannot encourage excessive or irresponsible alcohol consumption, link alcohol to any activities that would be dangerous while consuming alcohol, including operating machinery, sailing, skiing, etc.;
    • Entry cannot defame, misrepresent or contain disparaging remarks about any person or entity, including but not limited to the Sponsor or its affiliates, as determined in the sole discretion of the Sponsor;
    • Entry cannot contain any material that may, in the sole discretion of Sponsor, infringe on the intellectual property rights of any third-party, including but not limited to, copyrights, patents, trade secret rights, or trademarks owned by others. Participants must use their own original material in the creation of the Entry. If an Entry contains any intellectual property, Sponsor may, in its sole discretion, disqualify the Entry from the Contest. In the alternative, Sponsor may ask the Participant to provide the appropriate legal documentation, as required by Sponsor, that demonstrates the Participant has received proper permission to use such third-party material in the Entry for all purposes related to this Contest and Sponsor’s use of the Entry. Failure to provide appropriate legal documentation, as determined in Sponsor’s sole discretion, will result in disqualification of the Entry without notice;
    • Entry cannot advertise or promote any third-party brand or product of any kind or contain any personal identification, including, but not limited to: license plate numbers, personal names, e-mail addresses, phone numbers, or street addresses;
    • Entry cannot contain materials embodying the names, voices, likeness, or other indicia of, or identifying any person, living or dead, unless appropriate permission and releases have been obtained for the use of such material in your Entry. Failure to provide this documentation upon Sponsor’s request will result in disqualification of the Entry without notice
    • Entries cannot be in violation of any applicable federal, state, and/or local laws, rules, and regulations;
    • In addition to the requirements and guidelines above, Entry may not contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, exploit individuals or in any other way violate applicable laws and regulations (as determined in Sponsor’s sole discretion).
  5.   LIMIT

    Limit of one (1) Entry per person for each #CCcheers Event.  If it is discovered by the Sponsor that any person has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii) use multiple names, identities, Instagram accounts, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Promotion; then such person and/or their Entries may be disqualified from the Promotion in the sole discretion of the Sponsor.  The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).  An Entry may be rejected if, in the sole discretion of the Sponsor, it is not submitted and received in accordance with these Rules.
     

  6.   VERIFICATION

    All Entries and Participants are subject to verification at any time and for any reason.  The Sponsor reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Sponsor, including, without limitation, government issued photo identification) for any other reason the Sponsor deems necessary for the purposes of administering the Promotion in accordance with these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole discretion of the Sponsor.  The sole determinant of the time for the purposes of this Promotion is the Sponsor’s official clock.  In the event of a dispute regarding the identity of the author of an Entry, the Entry will be deemed to have been made by the authorized account holder, at the time of entry, of the Instagram account from which the Entry was made.

     

  7.   PRIZE

    There are five prizes (each a “Prize”) available to be won for each #CCcheers Event consisting of a winter gift pack for each Summer and a friend of their choice who must be legal drinking age or older.  Each Summer gift pack will consist of: (i) two stickers, a Canadian Club 1858 bottle and a “That’s Refreshing” sticker; (ii) an patterned t-shirt ; (iii) a towel; and (iv) a cooler backpack; in each case selected by the Sponsor.  The approximate retail value (“ARV”) of each Prize/Gift Box is eighty five dollars ($85.00).  The total ARV of all available prizes in this Promotion is five thousand and one hundred dollars ($5,100.00).  Any difference between the stated ARV and actual value of prize will not be awarded in any form.  All Prizes must be accepted as awarded.  Prizes are not transferable, assignable or convertible to cash and no substitutions are permitted except that the Sponsor reserves the right to substitute a Prize or a component of a Prize with a prize or component, as the case may be, of equal or greater value.

  8.   POTENTIAL WINNER SELECTION

     
    1. Five Potential Winners will be determined in a random drawing from among all eligible entries received during each #CCcheers Event. The drawing will be conducted on or about the day following the end of each #CCcheers Event by Sponsor, or Sponsor’s agent whose decisions will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received during each #CCcheers Event. EACH ENTRANT IS ELIGIBLE TO WIN ONLY ONE (1) PRIZE DURING THE SWEEPSTAKES PERIOD.
       
    2. The Sponsor or its designated representative will make a maximum of three (3) attempts to contact the Potential Winner by direct message at the Instagram account used to submit the applicable Entry within three (3) business days of the date of the applicable #CCcheers Event. If the Potential Winner cannot be contacted within such three (3) business days, then such Potential Winner may, in the sole discretion of the Sponsor, be disqualified will forfeit all rights to a Prize.
       
    3. Notwithstanding the foregoing, the Sponsor reserves the right to have a Prize for a #CCcheers Event forfeited should the Sponsor not be able to award the Prize by July 30, 2021. 
       
  9.   WINNER CONFIRMATION

    1. Before being declared the confirmed winner of a Prize (each a “Winner”), a Potential Winner must:

      1. correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole discretion of the Sponsor, be administered online, by email or in the Sponsor’s form of declaration and release).
      2. provide positive identification specified by Sponsor to claim or participate in a prize and be a Potential Winner. 
      3. sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of a Prize (as awarded); (iii) releases the Sponsor from any and all liability in connection with the Promotion; (iv) agrees to the publication, reproduction and/or other use of the Potential Winner’s name, address, voice, statements about the Promotion and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.
         
    2. If a Potential Winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly Sponsor’s declaration and release form within the specified time by the Sponsor; (c) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; or (d) is determined to be in violation of these Rules all as determined by the Sponsor, then he/she will be disqualified and will forfeit all rights to a Prize.
       
    3. If a Potential Winner, or the Entry of a Potential Winner, is deemed void, invalid or disqualified, or if a Potential Winner refuses its selection, the Sponsor may, in its discretion, randomly draw an alternate Potential Winner, the Potential Winner of a Prize (in such a case the foregoing provisions of this Section 8 shall apply to such new potential Prize Winner).
       
  10.   DISQUALIFICATION

    1. The Sponsor reserves the right to disqualify from the Promotion any Participant and/or Entry that it deems to violate these Rules.  Without limiting the generality the foregoing, if the Sponsor has any reason to believe that an Entry is fraudulent or is an attempt to disrupt, tamper with or unfairly influence the Promotion or its operation, the Sponsor may refuse to accept such Entry or deem such Entry invalid or void and remove such Entry from the CC Instagram Page.  The decision of the Sponsor shall be final and no correspondence or discussion will be entered into.

    2. Any attempt to deliberately damage the CC Instagram Page or to undermine the legitimate operation of this Promotion 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, including criminal prosecution.

       
  11.   LIABILITY

    Subject to the extent permitted by applicable law, all Participants shall indemnify and save harmless the Sponsor and its affiliates, and their respective agents, employees, directors, officers and shareholders (“Sponsor Parties”) from any and all claims, actions, causes of action, suits, demands, losses, damages (including consequential loss or damages), liabilities, deficiencies, costs and expenses (including all legal and other professional fees and disbursements) suffered or incurred by any of the Sponsor Parties as a result of or arising directly or indirectly out of or in connection with its participation the Promotion and a Prize, if applicable.

     

  12.   GENERAL CONDITIONS

     
    1. By entering the Promotion, each Participant agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Promotion and/or photograph or other likeness without further compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including but not limited to print, broadcast or the Internet.
       
    2. Each Winner shall, at the Sponsor’s request, take part in worldwide publicity.  This may include photographs, participation in press conferences, interviews and written and spoken material, all of which may be used by the Sponsor as it deems fit.
       
    3. The Sponsor is not responsible for typographical or other errors in the offer or administration of this Promotion, including, but not limited to, errors in advertising, the official rules, the announcement of winners, distribution of the prizes or technical malfunctions of telephone network lines, computer online systems, servers or providers, computer equipment or software, viruses, bugs, failure of personal computers and/or software and hardware configurations, or failure of any email, message or post to be received by the Sponsor or a Participant for any reason, including, but not limited to, traffic congestion on the Internet or at any website or combination thereof.  The Sponsor is not responsible for damage to a Participant’s computer system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
       
    4. This Promotion is subject to all applicable federal, provincial and municipal laws.
       
    5. If any term within these Rules is deemed to be illegal, invalid or otherwise unenforceable by a court of law for any reason, the affected term shall be deleted from these Rules and the remaining terms shall continue in full force and effect.
       
    6. If for any reason a person not originally selected for the Prize is awarded the Prize (for example an alternate Potential Winner), that person will be considered the Winner for the purpose of these Rules, to the extent he or she complies with these Rules.
       
    7. In the event of any dispute regarding the conduct or results of the Promotion, these Rules or any other matters relating to the Promotion, the decision of the Sponsor shall be final and no correspondence or discussion shall be entered into.
       
    8. By entering this Promotion, each Participant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Promotion and in accordance with Sponsor’s Privacy Policy unless the Participant otherwise agrees.
       
    9. Sponsor reserves the right, in its sole discretion, to terminate the Promotion, in whole or part, and/or modify, amend or suspend the Promotion, and/or these Rules in any way, at any time, for any reason without prior notice.
       
    10. The Promotion is not sponsored, endorsed or administered by or associated with Instagram. Any questions or comments regarding the Promotion must be directed to the Sponsor and not to Instagram.
       
    11. The Promotion, these Rules and any other matters relating to the Promotion shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.  Any dispute will be subject to the exclusive jurisdiction of the courts of the province of Ontario.
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