SUMMER JUST GOT LIT INSTAGRAM CONTEST - OFFICIAL RULES
NO PURCHASE OR CONSUMPTION NECESSARY TO ENTER, WIN OR REDEEM PRIZE. A PURCHASE OR CONSUMPTION DOES NOT INCREASE YOUR CHANCE OF WINNING. NO ALCOHOL IS INCLUDED IN THE PRIZE(S).
This Contest is sponsored by Gnarly Head Wines, 12001 S. Highway 99, Manteca, CA 95336 ("Sponsor") and is being administered by MODI$club ("Administrator"). The Alberta Gaming, Liquor and Cannabis agency ("AGLC"), the British Columbia Liquor and Cannabis Regulation Branch ("LCRB") and the Liquor Control Board of Ontario ("LCBO") are not connected to this Contest in any manner whatsoever and are not liable in any way for any matter related to the Contest.Contest is subject to all applicable federal, provincial, and municipal laws and regulations. By participating in the Contest, entrants accept and agree to comply with and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects on matters relating to the Contest. The Contest, and all content thereof, is intended only for legal residents of the following Canadian Provinces who are of legal drinking age: Alberta (aged 18 years or older) and British Columbia and Ontario (aged 19 years or older) at time of entry. Entrants should not share content with those who do not meet legal drinking age requirements.
ENTRY PERIOD AND ELIGIBILITY.
The "Gnarly Head Summer Just Got Lit Instagram Contest ("Contest") begins 6:00PM Mountain Time ("MT") on July 1, 2021 and ends 11:59PM MT on July 31, 2021 ("Entry Period"). Entries must be sent in during the Entry Period. Entries may be collectively referred to as an "Entry" or "Entries". All Entries, to the extent permitted by law, become the property of Sponsor and will not be acknowledged or returned.
The following individuals are not eligible:
- Employees, contractors, directors and officers of Sponsor, Administrator or each of their respective parent, affiliates, subsidiaries and web-design, advertising and promotion agencies, fulfillment, judging or other agency involved in the administration, development, fulfillment and execution of this Contest (collectively "Parties"), and the immediate family members (parent, spouse, sibling, child, and their respective spouses or "step" of each, regardless of where they reside) and those living in their same households whether or not related. Licensed distributors or retailers of alcoholic beverages, and their employees, are not eligible. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who, within the past six (6) months, performed services for Sponsor and/or Administrator, agency or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and/or their respective parent, affiliates, subsidiaries, and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year in the twelve-month period preceding the start date of the Contest.
- Employees or members of the immediate family of, or domiciled with, an employee of the AGLC, LCRB or LCBO, their respective affiliated companies, of any licensees authorized by AGLC, LCRB or LCBO or of the independent contest organization.
During the Entry Period, entrants must
To complete your entry to the Contest, you must have a non-private Instagram account. Entries must be written in English, not contain photos, videos or language that is crude, inappropriate or offensive to others, not violate any laws or regulations, not infringe upon another party’s intellectual property or be inconsistent with the positive image and good will to which Sponsor wishes to associate.
- access the Contest post by visiting the @katherinewants Instagram page and following the page until at least August 1, 2021;
- like, comment and follow the instructions on the Contest post;
- post their own photo or video of a recipe inspired by the Contest post; and
- include #gnarlyheadcanada AND either "18+" or "19+" to indicate and confirm entrant is of legal drinking age in their province.
Sponsor may disqualify an Entry from the Contest if it believes, in its sole discretion that an Entry is inappropriate, offensive or fails to conform to these Official Rules or Instagram’s Terms of Service or user policies, as applicable. Entries that are deemed not to be original or are deemed inappropriate for publication will also be disqualified.
Sponsor is not responsible for any charges related to an Entry via mobile device. If entering via a mobile device, entrants must have text messaging, camera and web browsing capabilities, as may be applicable, to enter and may incur a standard text message and/or data charge from their wireless service provider for entering, or each message sent and received. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.
Entrants agree to comply with these Official Rules. The Contest and all content thereof is intended only for those who are of legal drinking age or older. Entrants should not share content with those who do not meet legal drinking age requirements. Administrator and Sponsor will not be responsible for late, lost, illegible, mutilated, incomplete or misdirected Entries.
By submitting an Entry, entrants irrevocably grant Sponsor and its affiliates, legal representatives, assigns, agents and licensees, 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 Entry, including but not limited to, the right to use entrant's name and picture/photo ("Likeness"), and/or statements regarding their participation in this Contest (with or without using the entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the entrant or any other party. Entrants expressly waive any intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Entry, and agree not to sue or assert any claim against the Sponsor for the use of the Entry or entrant's likeness or statements.
PRIZES AND ODDS.
There will be a total of one (1) prize offered in the Contest. One winner will receive a Napoleon Phantom Travel Q Pro 285X portable barbeque, with an Approximate Retail Value ("ARV") of 525 CAD. Alcohol is not part of the prize. Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value. Winner must be of legal drinking age or older.
No substitution or cash equivalent of prize is permitted except at Sponsor’s sole discretion. Winner is responsible for any and all federal, provincial and municipal taxes or assessments, as well as any forms or reporting as may be required by any taxing authorities for the calendar year in which the prize is awarded. Odds of winning depend on the number of eligible entries received.
WINNER SELECTION AND DECLARATION.
The potential winner will be chosen on or around August 2, 2021 in a random drawing from all eligible Entries timely received. The potential winner will be drawn by the Administrator, whose decision with respect to the selection of the potential winners, made in accordance with the Sponsor’s interpretation of these rules and regulations, will be final. Winner will be notified by direct message on Instagram. The winner will have 48 hours from time of initial notification to respond to Administrator.
Before the selected entrant can be declared a winner, they will be required to do the following:
- Within 24 hours from entrant’s qualified response to notification that they are a
potential winner, correctly answer, without assistance, a time-limited mathematical skill-testing question, to be administered via telephone.
- Within 3 calendar days from entrant’s qualified response to notification that they are a potential winner, sign and return the Eligibility, Acceptance of Conditions, and Liability/Publicity Release or similar ("Release").
Up to three (3) attempts will be made to contact a selected entrant; if a selected entrant cannot be contacted through reasonable attempts within two (2) calendar days of the first attempt to contact them, or fails to correctly answer the skill-testing question, or otherwise fails to sign and return any requested documents within the specified time, they may be disqualified and forfeit their prize and an alternate winner may be selected.
In the event of dispute concerning the identity of an entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the email account or phone number associated with the Instagram account associated with the Entry. The selected entrant/winner may be required to provide identification sufficient to show that they are the authorized account holder, as applicable. Sponsor, Administrator and their respective agencies are not responsible for notifications that are misdirected because of incorrect or inactive e-mail accounts or telephone numbers, or for any other reason beyond their control. Return of any prize notification as "undeliverable" will result in disqualification. If for any reason any prize is not claimed or a winner is disqualified, the prize will be forfeited and an alternate winner may be selected from among all eligible entries received during the Entry Period.
Prize will be delivered to the physical address as provided by the declared Contest winner. The declared winner is responsible for providing an accurate delivery address within Alberta, Ontario or British Columbia.
- HOLD HARMLESS. Contest is provided "as is." Winner and entrants agree that Sponsor and Parties shall not be responsible or liable for, and each winner and entrant agrees to release and hold harmless, Instagram, Sponsor and Parties from losses, damages, or injuries of any kind to person, including personal injury or death, or property resulting from participating in the Contest or Contest-related activity, including, but not limited to, the acceptance/possession and/or use or misuse of any prize or any injury or damage to entrant’s or third person’s property related to or resulting from any prize or any part of the Contest. By participating in the Contest, entrants agree that Sponsor and Parties will have no liability whatsoever for, and that entrant shall hold Sponsor and Parties harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder.
Without limiting the foregoing, everything regarding the Contest, including any websites used in connection therewith and any prize awarded hereunder, are provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by Sponsor and Parties.
The Contest is not sponsored by, endorsed by, managed by or associated in any way with Instagram. Entrants release Instagram of all responsibility for any damages that might derive from it, anyone be it in their nature, origin, cause and consequence.
- LIMITATIONS OF LIABILITY AND RELEASE. No liability or responsibility is assumed by Sponsor or Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload information in connection with participating in the Contest, for any lost, stolen, illegible, damaged, late or ineligible entries, for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, late or ineligible entries, theft or destruction or unauthorized access to or alteration of entries or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on any website or any combination thereof, including any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Contest.
Without limiting the foregoing, no responsibility or liability is assumed by Sponsor or Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of any websites related to the Contest in whole or in part for any reason; traffic congestion on the Internet or any websites related to the Contest; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an e-mail account used in connection with the Contest. Sponsor and Parties are not responsible for any typographical, printing or other errors in the offer or administration of the Contest, the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on any websites related to the Contest. Use of any websites related to the Contest is at user's own risk. Sponsor and Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of any websites related to the Contest or the download of any information from any websites related to the Contest. By participating in the Contest, the entrant forever releases and discharges Sponsor and Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest. By accepting a prize in the Contest, Winner agrees that Sponsor and Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
- INDEMNIFICATION AND REMEDIES. Entrants agree to indemnify and hold Sponsor, its agencies and Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the entrant's entry, or the entrant's conduct in creating or submitting an entry or otherwise in connection with this Contest, including but not limited to claims for trademark or copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrants further agree to forever release and discharge Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant's rights with regard to any elements, characters or ideas contained in any entry.
- MODIFICATION. If for any reason the Contest cannot run as planned, including without limitation a Force Majeure Event, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Contest and/or to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner, all as determined by Sponsor in its sole discretion.
Any attempt by an entrant to deliberately damage any website involved in the Contest or to undermine the legitimate operation of the Contest may be in violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages, including attorneys' fees, from any such entrant to the fullest extent of the law, including criminal prosecution.
- CHOICE OF LAW:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and the Indemnitees in connection with the Contest shall be governed by, and construed in accordance with, the substantive laws of the Province of Alberta, Canada. All claims, judgments and awards on behalf of entrant will be limited to lesser of actual out-of-pocket costs incurred or three hundred fifty Canadian dollars (CAD 350). Legal fees will not be awarded or available to entrant, even if entrant proves to be a prevailing party. WHERE PERMITTED BY LAW, ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.
Contest administrator is MODI$club, a subsidiary of the company registered in Calgary, AB as NexusV Inc. and whose registered office is at 1528, 16 Avenue SW, Calgary, AB T3C 0Z8.