Official Contest Rules
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF BRITISH COLUMBIA AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES
The Enter to Win 1 of 10 Aperol Outdoor Bistro Sets (the “Contest”) begins on June 4, 2023 at 9:00 a.m. PST and ends on July 1. 2023 at 11:59 p.m. PST (the “Contest Period”). The Contest Period will consist of one entry period (the “Entry Period”), as outlined in the following table:
Prize Entry Period
Opens on June 4, 2023 (9:00 a.m. PST)
Closes on July 1, 2023(11:59 p.m. PST)
2. ELIGIBILITY TO ENTER:
The Contest is open only to residents of British Columbia, Canada who are nineteen (19) years of age or older at the time of entry, except employees (current and retired, and those with whom such persons are living, whether related or not) of Forty Creek Distillery Ltd., operating as Campari Canada (the “Sponsor”), its distributors, representatives, agents, parent companies, subsidiaries, affiliates, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”). Employees and contractors of the provincial liquor agencies, liquor licensees, their employees and members of their immediate families are not eligible to enter the Contest. The provincial liquor agencies are not connected with this Contest in any manner whatsoever and are not liable in any way whatsoever in regard to any matter which relates to this Contest.
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 Official Contest Rules (the “Rules”).
4. HOW TO ENTER
No purchase necessary. A purchase is not required and does not enhance your chances of winning. To enter, go to https://www.aperol.com/en-ca/contest/bc-bcl-bistro-set-contest/ (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”). Fully complete the Entry Form with all required information, which may include a requirement to: (i) enter your full name, valid email address, gender, age, birth month and year, mobile telephone number, postal code and confirm your province of residence; and (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form (an “Entry”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period.
5. ENTRY LIMIT AND CONDITIONS
There is a limit of one (1) entry per person. 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: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, multiple identities, multiple e-mail addresses, multiple accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries and entrants 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 entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any 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 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 the Contest will be the official time-keeping device(s) used by the Sponsor.
7. PARTICIPATION REQUIREMENTS
BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY SUBMITTING AN ENTRY, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) AND ALL OTHER ASPECTS OF YOUR PARTICIPATION IN THIS CONTEST COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.
By participating in the Contest, each entrant hereby warrants and represents that any Entry he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence; and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.
There are ten (10) prizes (the “Prize”) available to be won at the start of the Contest Period. The Prize consists of a three-piece bistro set containing two (2) wide rattan chairs with Aperol-branded cushions and one (1) circular accent glass-top side table. Total approximate retail value of the Prize, inclusive of shipping costs, is $400.00 CAD. Limit of one (1) Prize per person.
Without limiting the generality of the foregoing, the following terms and conditions apply to the Prize: (i) the Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) all shipments received related to the Prize must be completed by August 7, 2023 (otherwise the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the confirmed winner must: (a) be able to accept the prize delivery at the specified address; and (b) be able to set-up the items on their own; (v) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner; (vi) if the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award at 50% of total prize value; (viii) by accepting the Prize, the 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; (vix) neither Sponsor nor any of its prize suppliers will replace any lost or stolen items; (x) any difference between the actual value of the Prize and its stated approximate retail value will not be awarded; (xi) all characteristics and features of the Prize (and of each Prize element), except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (xii) the Released Parties will be in no way responsible in the event that any part of the Prize is delayed, cancelled, postponed or rescheduled for any reason whatsoever; (xiii) Sponsor is not responsible in the event a confirmed winner is unable to accept delivery of the prize for any reason, in which case, the Prize will be forfeited and nothing will be provided in its place; and (xiv) the Sponsor reserves the right to change any of the dates and/or Prize description at its Prize Winner selection: On July 10, 2023 (the “Selection Date”) in Toronto, ON at 3:00 p.m. EST, the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Prize Entry Period to select the ten (10) Prize winners. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Prize Entry Period. and absolute discretion.
9. ELIGIBLE WINNER SELECTION PROCESS
Prize Winner selection: On July 10, 2023 (the “Selection Date”) in Toronto, ON at 3:00 p.m. EST, the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Prize Entry Period to select the ten (10) Prize winners. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Prize Entry Period.
ELIGIBLE WINNER NOTIFICATION PROCESS
Prize Winner Notification: The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the potential Prize winner by phone and/or email (using the information provided on the Entry Form) within five (5) business days of the Selection Date. If the potential winner cannot be contacted within such time, or if there is a return of any notification as undeliverable, 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 randomly select an alternate potential Prize winner from among the remaining eligible Entries submitted and received in accordance with these Rules during the Prize Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
11. ELIGIBLE 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. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential winner will be required to: (a) 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 forms of declaration and release); and (b) sign and return within two (2) business days of notification the Sponsor’s declaration and release forms, in which each potential winner (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of a 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 Prize or any portion thereof, including any travel related thereto; 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, worldwide and in perpetuity.
If a potential winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) a 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 randomly select an alternate potential Prize winner in accordance with the applicable procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
12. GENERAL CONDITIONS
All Entries become the property of the Sponsor. 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. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION 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.
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 (at any prizing level), then, in addition to having the right to terminate the Contest immediately, Sponsor reserves the right to conduct a random drawing from amongst all eligible Prize claimants whose claims have not yet been redeemed to award the correct number of Prizes at the applicable prizing level (as stated in these Rules). The Prizes may stop being awarded in the event Sponsor becomes aware of such an error. In no event will the Sponsor be liable to award more than the number of Prizes (at any prizing level), as provided in these Rules.
The Released Parties will not be liable for: (i) any failure of any website or platform during 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 Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website, including the online Entry Form; (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.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend the 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 the Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the 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, in its sole and absolute discretion, to cancel, amend or suspend the 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. 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.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other 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.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, 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 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 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 the exclusive jurisdiction and venue of the courts located in British Columbia in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.