“ICEBERG VODKA”, TRIP FOR TWO (2) TO NEWFOUNDLAND, TEXT-TO-WIN CONTEST
OFFICIAL RULES AND REGULATIONS
1. CONTEST SPONSOR: The “ICEBERG VODKA”, NEWFOUNDLAND GETAWAY, TEXT-TO-WIN CONTEST (the “Contest”) is sponsored by Canadian Iceberg Vodka Corporation (the “Contest Sponsor”).
2. ELIGIBILITY: To enter and to be eligible to win, the entrant must be a legal resident of Ontario and nineteen (19) years of age or older and must not be an employee or the parent, sibling or child of or person domiciled with an employee of the Contest Sponsor, or the Contest Sponsor’s parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials, and those living in the same household. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules (the “Contest Rules”). Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Contest Sponsor, in the Contest Sponsor’s sole discretion.
3. CONTEST DATES AND TIMES: The Contest starts on Sunday, January 5, 2020 at 10:00am Eastern Standard time (“EST”) and closes on Saturday, February 1, 2020 at 10:00pm EST (the “Contest Period”). As further described below, there is one (1) prize to be won. No purchase necessary. Void where prohibited.
4. HOW TO ENTER: Subject to the eligibility criteria above, you can enter the Contest during the Contest Period by texting the word “ICEBERG” along with your name for inquiry to short code 69922 (“Text Entries”). You must have access to a cellular telephone that is capable of two-way text messaging. Text messaging is not available in all areas. Standard text messaging fees apply (check your carrier plan for your standard text messaging fees). There is a limit of one (1) Text Entry per person during the Contest Period. If it is discovered that you attempted to exceed this limitation, all your Text Entries will be void.
Text Entries shall be deemed to be submitted by the Authorized Mobile Account Holder of the mobile phone used to enter the Contest. “Authorized Mobile Account Holder” of a mobile phone is defined as the natural person who is assigned to a cellular telephone number by a wireless carrier that is responsible for assigning cellular telephone numbers. The Selected Entrant, defined below, may be required to provide proof that he/she is the Authorized Mobile Account Holder associated with the selected Text Entry.
A person who submits a Text Entry (the “Entrant”) automatically agrees to accept and abide by these Contest Rules. All decisions of the Contest Sponsors with respect to any aspect of this Contest, including without limitation the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest.
5. PRIZE DESCRIPTION: There is one (1) grand prize available to be won by the eligible Selected Entrant, defined below (the “Prize Winner”), consisting of: two (2) round trip tickets from Toronto Pearson International Airport to St. John’s International Airport, two (2) nights at the Delta Hotels by Marriott St. John’s, 120 New Gower St. St. John’s, NL A1C 6K4 (the “Hotel”), dinner for two at Mallard Cottage, $500 VISA gift card, an Iceberg Vodka Prize Pack and two (2) tickets for an “Iceberg Quest” boat tour for use between May 1st 2020 and September 30th 2020, subject to the availability of the entity providing the various components of the Prize during the Prize Winner’s selected dates between May 1st 2020 and September 30th 2020 (the “Prize”). The total approximate retail value of the Prize is five thousand dollars $5,000.00 CDN. The Contest Sponsor reserves the right to substitute an alternate prize of equal or greater value if the Prize or any part thereof is unavailable at the time of award.
6. DRAW: On or around Monday, February 3, 2020 at approximately 10:00am EST, the Contest Sponsor, or one of its acting representatives, will conduct a random draw from among all eligible entries received during the Contest Period (the “Draw”). The first entry drawn will be eligible to win the Prize (the “Selected Entrant”). The odds of winning the Prize will depend on the number of eligible entries received during the Contest Period.
The Selected Entrant will be deemed the Prize Winner if they meet all of the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive the Prize and another eligible entrant will be selected by way of a random draw from the remaining eligible entries, and also deemed a Selected Entrant. Before being declared a winner, the Selected Entrant will be required to: (i) correctly answer the Contest Sponsor’s skill-testing question; (ii) sign and return the Contest Sponsor’s Declaration and Release form in the prescribed time and manner (the “Release”); and (iii) comply with all other Contest Rules, all in the sole discretion of the Contest Sponsor.
The Selected Entrant will be notified within five (5) business days of the Draw, or subsequent draw as required, and will be contacted at the cellphone number used to enter the Contest and will be required to answer a skill-testing question as described below. Up to three attempts will be made to contact the Selected Entrant within five (5) business days following the Draw, or subsequent draw as required. A Selected Entrant that does not or cannot accept the Prize may be forfeited and a new Selected Entrant selected by random draw, in the Contest Sponsor’s sole discretion. A signed copy of the Release must be sent to the Contest Sponsor by way of email and received by the Contest Sponsor no later than Monday March 2nd, 2020. The Contest Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Contest Sponsor to receive a Selected Entrant’s response and/or the Release.
7. SKILL-TESTING QUESTION: The Selected Entrant will be required, as a condition of winning the Prize, to correctly answer, without assistance of any kind, the Contest Sponsor’s time-limited, mathematical skill-testing question to be administered over the phone.
8. RELEASE AND INDEMNIFICATION: the Prize Winner must sign the Release to: (i) confirm compliance with all Contest Rules; (ii) agree to accept the Prize as awarded; (iii) release, discharge and hold harmless the Contest Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (the “Releasees”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of the Prize or any travel related thereto, and the use of entries by the Contest Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Releasees control, any dissatisfaction of any kind by the Prize Winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of prizes as awarded; and (iv) indemnify the Releasees against any loss, damage or expense, including legal fees, that any of the Releasees may suffer or incur as a result of any non-compliance by entrants with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize, and the use of entries by the Contest Sponsor.
The Contest Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability or eligibility to participate in the Contest or be awarded the Prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, omission, or any combination thereof, and entries that fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting the Prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of the Prize, including any related travel and the use of entries by the Contest Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
9. GENERAL CONDITIONS: 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) ground transportation to and from the Hotel, travel and medical insurance, additional meals or alcoholic beverages, as well as gratuities and taxes for items that are not specifically listed in the Prize description, incidental and personal expenses, souvenirs and other items or services of a personal nature are not included and are the responsibility of the Prize Winner and his/her guest. The Prize Winner may be required to present a valid major credit card (in the Prize Winner’s name or that of his/her guest) upon arrival at the Hotel in order to cover any expenses incurred above and beyond standard hotel room charges, which expenses are the sole responsibility of the Prize Winner and his/her guest. The Prize Winner and his/her guest must participate in all aspects of the Prize together (i.e. the Prize Winner cannot have 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 Sponsor in its sole and absolute discretion. Once the travel itinerary has been finalized between the Prize Winner and the Contest Sponsor, no changes can be made unless initiated or approved by Contest Sponsor.
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 and/or Newfoundland as applicable.
The Prize Winner and his/her guest acknowledge and accept all risk of damages, injury or other loss incidental to any event for duration of the trip, whether occurring before, during or after any such event, and hereby voluntarily agree to assume the same. The Contest Sponsor or the supplier of the various components of the Prize reserve the right to refuse admission and/or to expel from any 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.
No correspondence will be permitted prior to the Draw except with entrants requesting the Contest Rules by mail to 23 Lesmill Rd. Suite 401 North York, ON M3B 3P6 (for which a self-addressed, postage paid envelope must be included).
The Contest Sponsor reserves its right to modify the Contest Rules without materially affecting the terms and conditions hereof. The Contest Sponsor reserves its right to, in their sole discretion, disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Contest Rules or otherwise in a disruptive manner. Any attempts to deliberately damage the Contest web site or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsor reserves its right to seek remedies and damages to the fullest extent of the law.
10. LAW: The Contest is subject to all applicable federal, provincial and municipal laws and regulations. This Contest shall be governed exclusively by the laws of the province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and the Contest Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Toronto in the Province of Ontario.
12. RULE AMENDMENTS: The Contest Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest and select a winner from previously received eligible entries, without prior notice for any reason whatsoever, including without limiting the generality of the foregoing, if, in the opinion of the Contest Sponsor, in their sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond its control.
13. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trademarks, tradenames, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsors and/or their 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.