Contest Rules and Regulations
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. KEY DATES:
The Bai® Paradise Party Summer Giveaway (the "Contest") is brought to you by Canada Dry Mott's Inc. (the "Sponsor") and begins on July 28, 2023 at 12:00 pm Eastern Time ("ET") and ends on August 4, 2023 at 11:59 am ET (the "Contest Period"). For the purposes of these Official Rules and Regulations (the "Rules"), a "Day" is defined as commencing at 12:00:00 pm ET and ending at 11:59:59 am ET on the following day, except for the Contest start and end dates.
Contest is open to residents of Canada having attained the legal age of majority in their province or territory of residence at the time of participation in the Contest; except employees, representatives, agents, officers or directors (and those with whom such persons are living, whether related or not) of the Sponsor, its divisions, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the "Contest Parties").
Participants must have online access with a valid email address at the time of entry.
If you participate via a mobile device, standard data charges from your wireless service provider may apply. Please contact your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such data charges.
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Rules.
The Contest Parties, Instagram, Costco Wholesale Canada Ltd. and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the "Released Parties") are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Requests (all of which are void).
4. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter the Contest, follow Bai®'s Canada Instagram page (@bai.canada), (note – you may unfollow this account at any time after the Contest Period ends without effecting entry), like the Contest post, post a picture of a Bai® Paradise Party Pack in your shopping cart at Costco and tag one (1) friend per entry (the "Entry" and collectively, the "Entries") in the comments section. It is not necessary to post any additional content or tags other than as specified above. For greater clarity, once all four requirements are met (follow, like, post, comment to tag), then each comment to tag an additional friend consists of a separate Entry. It is not necessary to post any additional content or tags other than as specified above. For a bonus entry, consumers can share their own picture of Bai® Paradise Party Pack in their own shopping cart at Costco in their stories and tag Bai® using #BaixCostco. (Bonus entries only eligible for Instagram accounts that are public Instagram accounts).
During the Contest Period:
An entry will be considered to be void (and an Entry will not be granted) if the Entry: (i) was not submitted and posted during the Contest Period in accordance with these Rules; and/or (ii) more than one picture was sent by user.
Any photo and/or comment submitted must meet the following specific requirements:
- i. The photo is original to the entrant and the entrant has all necessary rights in and to the entry to enter the Contest;
- ii. The photo cannot promote any activities that may appear unsafe or dangerous;
- iii. The photo 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;
- iv. The photo cannot contain materials embodying the names, likeness, or other indicia of, or identifying any person, living or dead other than you as the entrant;
- v. The photo cannot contain material that is unlawful, in violation of or contrary to the laws or regulations in any province or territory where the photo was taken/created;
- vi. The photo cannot contain, advertise or promote any brand or product of any kind (other than Bai® products);
- vii. The photo cannot contain any material that may, in the sole and absolute discretion of the Sponsor, infringe on the intellectual property rights of any third party, including but not limited to, copyrights or trademarks owned by others. Entrant must use his/her own original material in the creation of the photo. If a submitted photo contains any third party material, other than those mentioned within these guidelines, the Sponsor may in its sole and absolute discretion, disqualify the entry at its sole and absolute discretion. In the alternative, Sponsor may ask entrant to provide the appropriate legal documentation that demonstrates (to Sponsor's satisfaction, as applicable) that he/she has received proper permission to use such material for all purposes related to this Contest and for the promotion of the Sponsor and its respective products, with a right to further grant and transfer such permission to Sponsor and its affiliates. Failure to provide appropriate legal documentation, as determined in the Sponsor's sole and absolute discretion, may result in disqualification of the photo or entry in the sole and absolute discretion of Sponsor and without notice to entrant.
- viii. The photo must not contain obscene or pornographic material, contain defamatory or libelous statements, endorse any form of hate or hate group, invade privacy rights, exploit individuals or in any other way violate applicable laws and regulations.
Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion, including the determination in its sole and absolute discretion that the entry and/or photo fails to satisfy any of the above guidelines, or is inconsistent with the goals, image, or policies of the Sponsor. Sponsor further reserves the right, in its sole and absolute discretion, to edit (or to require the entrant to edit and resubmit) any photo that contains material that violates these Contest Rules.
GRANT OF RIGHTS TO CONTEST SPONSOR: All entries become the property of the Sponsor. By entering/uploading a photo into the Contest, the applicable entrant represents and warrants to the Sponsor that such photo is wholly original to the entrant and that he/she own(s) all right, title and interest in and to the photo. Without further compensation, the entrant agrees that:
- a. The entrant on behalf of him/herself, his/her heirs, executors, administrators and assigns, grants to the Sponsor an exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use the photo and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised and, without limiting the foregoing, but for greater certainty, expressly grants to the Sponsor the license and right to post, publish and/or otherwise display the photo on or via their respective website(s) and social media. All decisions regarding such use shall be at Sponsor's sole and absolute discretion. All photo submissions, upon submission, become the property of Sponsor, and its successors, assigns and licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Entrant forever waives and relinquishes on behalf of himself/herself, his/her heirs, executors, administrators and assigns any and all rights, including but not limited to goodwill, in and to the photo;
- b. Participant shall have no right of approval or consultation with respect to Sponsor's use of the photo. Sponsor will not be responsible for the return or preservation of the photo. Sponsor shall use their sole discretion in determining the extent and manner of the use of the photo;
- c. The t Sponsor shall have the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the entrant's name, address, image, voice, likeness, statements, biographical material and entry, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising out of his/her participation in this Contest (with or without using the entrant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party; and
- d. The entrant further represents that he/she/they has/have not granted or transferred any rights in or to the photo to any third party prior to the date of entry into the Contest and has not done anything and will not do anything to impair the rights granted to the Sponsor in any way.
NOTE: Data fees may apply depending on the entrant's mobile device carrier and Internet package. Such fees are the responsibility of the entrant/account holder. Data services may not be available in all areas or with all mobile service providers. Entrant must be the person whose name is registered as the owner of the Instagram account used to enter the Contest (the "Mobile Account Holder") or have the express permission of the Mobile Account Holder. Entries made without the permission of the Mobile Account Holder may be disqualified, at the sole and absolute discretion of the Sponsor.
5. ADDITIONAL RULES:
Unlimited Entries per Instagram account and one (1) bonus entry per day per public Instagram account. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, Instagram accounts and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor's interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest (all as determined by Sponsor in its sole and absolute discretion); then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. An Entry may be rejected if (in the sole and absolute discretion of the Sponsor) it is not submitted and received in accordance with these Rules. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Entries (all of which are void).
All Entries are subject to verification at any time and for any reason. 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): (i) for the purposes of verifying an individual's eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor's interpretation of the letter and spirit of 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 and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. Proof of transmission (screenshots or captures etc.) or attempted transmission of an Entry, or of an attempted Entry or of any communication, does not constitute proof of delivery or receipt by the Sponsor.
ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR'S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it deems to be in violation of these Rules. The Sponsor reserves the right to refuse an Entry from any person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. In its sole and absolute determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person's Entries.M
There is one (1) prize pack (the "Prize") available to be won, consisting of one (1) Bai® Paradise Party Variety Pack with an approximate retail value of $18.99 CDN, and one (1) Bai® baseball cap with an approximate retail value of $11.00 CDN.
The Prize has a total approximate retail value of $30.00 CDN.
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor's option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize with a prize of equal or greater retail value.
Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) other specifics of the Prize will be at the sole and absolute discretion of the Sponsor and subject to availability; and (ii) the confirmed Prize winner is solely responsible for all expenses that are not specifically and expressly included in the Prize description above.
The approximate retail values as stated by the Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Rules are subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail values are stated by the Sponsor and the date the Prizes are awarded or redeemed. If, at the time a Prize is redeemed or awarded, the actual prevailing retail purchase price for the Prize is less than the approximate retail value stated by the Sponsor in point of sale, television and print advertising, promotion materials, and/or in these Rules, the Prize winner will not be entitled to a cheque or cash for the price difference.
8. ELIGIBLE PRIZE WINNER SELECTION PROCESS:
On August 4, 2023 (the "Prize Draw Date") in Toronto, Ontario at approximately 2:00 pm ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules. The odds of winning a Prize depend on the number of eligible Entries submitted and received in accordance with these Rules.
9. WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact each eligible winner (using the information available to the Sponsor) via Instagram within 24 hours of selection as an eligible winner. If an eligible winner cannot be contacted within 24 hours of the Sponsor's first attempted contact, or if there is a return of any notification as undeliverable and/or if any correspondence is not responded to; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner in accordance with the applicable procedures as outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER.
- SKILL TESTING QUESTION.
BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER,and receive any prize, eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor's form of declaration and release).
- RELEASE & WAIVER
IN ORDER TO BE DECLARED AS A CONFIRMED PRIZE WINNER, and receive any prize, the selected winner will be required to sign or otherwise digitally accept the Sponsor's Release and Waiver form which confirms compliance with these Rules and releases the Sponsor and Representatives from all liability with respect to the individuals participation in this Contest and the awarding, use/misuse of any prize.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. If any activity relating to any Prize is cancelled or postponed for any reason, the balance of that Prize will be awarded in full satisfaction of the Prize award.
If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to properly execute and return any required Contest documents within the specified time (if applicable); (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner in accordance with the applicable procedures as outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. CONTEST ADMINISTRATION:
The Sponsor, Representatives and their respective affiliates are not responsible for printing, technical errors, distribution, or production errors and do not guarantee or warrant that access to or use of the Contest will be uninterrupted or error-free.
The Released Parties will not be liable for: (i) any failure of any Website or any platform during or after the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information or materials whatsoever to be received, captured, recorded or function properly for any reason whatsoever, 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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
If due to printing, production, online, Internet, computer or other error of any kind, more Prizes are claimed than intended to be distributed or awarded according to these Rules, then, in addition to having the right to terminate the Contest immediately, the Sponsor reserves the right, in its sole and absolute discretion, to rescind invalid Prize claims and/or conduct a random draw from amongst all eligible claimants to award the correct number of Prizes. In no event whatsoever will the Sponsor or any of the Released Parties be liable for more than the number, type and value of Prizes as stated in these Rules.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the "Régie") in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant and/or any other information or materials with these Rules, or as a result of any problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoeveror or any epidemic, pandemic, illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to any such epidemic, pandemic, illness or risks, such as, without limitation, those that may be implemented to mitigate the risks of COVID-19 transmission. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be 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. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever, including without limitation any of the causes comtemplated in this paragraph. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
12. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.
By participating in the Contest and accepting a Prize, each eligible winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest 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. IMPORTANT NOTE: The Sponsor may, in its sole and absolute discretion, require an eligible winner to sign and return the Sponsor's form of declaration and release prior to confirming the eligible winner as a confirmed winner in accordance with these Rules.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the Website(s), French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these 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 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 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 Ontario 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 the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie 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.
13. PRIVACY NOTICE & USER GENERATED CONTENT
Winners agree to the use of his/her name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Sponsor any and all rights to said use without further notice or compensation. agrees to the publication, reproduction and/or other use of his/her name, city and province of residence, voice, statements about the Contest 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.
The Winner's name will be published on Instagram once the winner is verified and confirmed.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Costco Wholesale Canada Ltd.
© 2023 Canada Dry Mott's Inc. All rights reserved.