Official Contest Rules and Regulations

The Smashfest Giveaway Contest (the “Contest”) is open to legal residents of Canada (excluding Quebec) and shall be construed and evaluated according to applicable Canadian law. Entrants must be 19 years of age or older at time of entry. Void in whole or part where prohibited by law. Entry in this Contest constitutes acceptance of these Contest rules (the “Contest Rules”).

1. SPONSOR: The Contest sponsor is Dominic Moore. This Contest is also administered by the Sponsor. This Contest is in no way sponsored, administered, endorsed by or associated with Instagram LLC. Any questions, comments or complaints must be directed to the Sponsor, and not to Instagram LLC.

2. ELIGIBILITY. To be eligible for this Contest, an individual must:
(a) be a legal resident of Canada (excluding Quebec);
(b) be 19 years of age or older at time of entry; and
(c) have a valid Instagram account.

The Sponsor, as well as the agents, representatives, sponsors, and advertising and promotional agencies of the Event (defined below), their affiliates, subsidiaries, related companies and each of their employees, officers and directors, and the immediate family members and household members of any of the above, are not eligible to participate in the Contest.

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

3. CONTEST PERIOD. The Contest begins on Tuesday, July 23, 2019 at 10:00 a.m. Eastern Standard Time (“EST”) and ends on Wednesday, July 24, 2019 at 10:00 a.m. EST (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.

4. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means.
(b) To enter, Instagram users must:
(i) follow @_Smashfest, @SteamWhistleBrewing, and @Killerspin;
(ii) Like the Contest post; and
(iii) Tag a friend you want to bring with you to the Event (the “Entry”).

Limit of one (1) Entry per person from a valid Instagram account during the Contest Period.

If you opt to use Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your services agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are the potential Prize winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.

Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.

5. PRIZE.

(a) The prize is hereafter referred to as the “Prize”. The Prize winner is hereafter referred to as a “Winner”.

(b) There is one (1) Prize available to be won consisting of the following: (i) one (1) pair of general admission tickets to Smashfest VIII (the “Event”), scheduled on or around Thursday, July 25, 2019 in Toronto, Ontario with an approximate retail value (“ARV”) of $500 CDN ($250 CDN per ticket); and (ii) a prize package containing one (1) Steam Whistle beer cooler, one (1) Steam Whistle beer koozie and two (2) tote bags; four (4) Killerspin paddles and a set of ping-pong balls; and one (1) t-shirt, one (1) sweater, and one (1) hat from Lululemon, with an aggregate ARV of $400 CDN. Total ARV of the entire Prize is $900 CDN.

(c) Winner is solely responsible for his/her own and guest expenses, including without limitation, transportation/airfare to and from the Event and accommodations.

(d) Winner’s guest must be 19 years of age or older at time of Event.

(e) Winner is not entitled to monetary difference between actual Prize value and stated approximate retail value of the Prize, if any.

(f) The Prize must be accepted as awarded and cannot be transferred, assigned, resold, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

(g) The Sponsor shall not assume any liability for a lost, damaged or misdirected Prize.

6. WINNER SELECTION. One (1) Winner shall be selected as follows:

(a) On Wednesday, July 24, 2019 at 11:00 a.m. EST in Toronto, Ontario, one (1) entrant will be selected by a random electronic draw from all eligible entries received during the Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Winner, each selected entrant shall be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call, e-mail or direct messaging, (ii) comply with the Contest Rules, and (iii) sign and return, and cause his/her guest to sign and return, the Confirmation and Release (described below).

(b) The selected entrant will be notified no later than one (1) hour after the drawing has been completed. Upon notification, the selected entrant must provide required information in compliance with these Contest Rules to the e-mail provided in the notification, and the selected entrant’s response must be received by the Sponsor by 4:00 p.m. EST on Wednesday, July 24, 2019. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the Prize and another entrant may be selected, in the Sponsor’s sole discretion, until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.

(c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the Prize.

(d) If declared and verified as a Winner, the Winner will receive the tickets by way of email transfer prior to the Event. The remaining portion of the Prize will be shipped to the Winner, at the Sponsor’s sole cost, within a reasonable time after the Contest Period.

7. RELEASE. The Winner and his/her guest will each be required to execute a release and waiver (“Confirmation and Release”) that confirms Winner’s and his/her guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, National Hockey League Players’ Association and its members, Instagram LLC, Killerspin, Lululemon, Steam Whistle Brewing, their subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity (including attending the Event) or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries and losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) acknowledgement that, upon request by the Sponsor, Winner and/or guest shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts as requested by the Sponsor in its sole discretion. The executed Confirmation and Release must be returned by the date as outlined in section 6(b) after verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.

8. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 any Prize, participation in the Contest, any breach of the Contest Rules, or attendance at the Event (including travel to and from) in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, including without limitation any claims of infringement of rights to copyright, privacy and/or personality.

9. LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Confirmation and Release, (b) any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry, (c) 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 administration of the Contest, (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, (e) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing, (f) any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest website.

10. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be made available online at [www.smashfest.ca/smashfest-giveaway.] Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.

11. PRIVACY / USE OF PERSONAL INFORMATION.

(a) By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, the Entry, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to the Sponsor the right to use his/her Personal Information for administrative, publicity, and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.

(b) The Sponsor will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Smashfest Privacy Policy at: https://smashfest.ca.

12. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

13. TERMINATION. The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or to modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

14. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.