MICHELOB ULTRA NBA FINALS TRIP (the “Contest”) Official Rules (the “Rules”)

IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS ("RULES") BEFORE ENTERING THE “MICHELOB ULTRA NBA FINALS TRIP” (THE "CONTEST"). BY ENTERING THE CONTEST, AN ENTRANT REPRESENTS THAT HE OR SHE SATISFIES ALL OF THE ELIGIBILITY REQUIREMENTS BELOW AND AGREES TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES AND ALL DECISIONS OF LABATT BREWING COMPANY LIMITED (the “CONTEST SPONSOR”).

NO PURCHASE NECESSARY. MUST BE LEGAL DRINKING AGE IN PROVINCE OR TERRITORY OF RESIDENCE AND A LEGAL RESIDENT OF CANADA TO PARTICIPATE.  

 

  1. SPONSOR: The sponsor of this contest is Labatt Brewing Company Limited (the “Contest Sponsor”), and it will be administered on behalf of the Contest Sponsor by Elite Digital Inc. (the “Administrator”).

 

  1. ELIGIBILITY: The contest is open to any legal resident of Canada who is 21 years of age or older, who is not an employee, contractor, agent or representative of Labatt Brewing Company Limited (the "Contest Sponsor"), or its affiliates, agencies, distribution companies, and who is not an employee of the applicable provincial liquor agencies, license control/boards and their licensees, retailers, or distributors (the “Provincial Liquor Authorities”), prize suppliers, the contest judge, or a member of the immediate family (parent, spouse, sibling, child) of, or domiciled with any of the foregoing persons. The Provincial Liquor Authorities 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. 

 

RESIDENTS OF ONTARIO: To be eligible to win, the entrant must not be an employee or a member of the immediate family of, or domiciled with an employee of the Liquor Control Board of Ontario (“LCBO”), an employee of the Alcohol and Gaming Commission of Ontario (“AGCO”) or of any licensees authorized by AGCO, or of the independent contest organization. The LCBO and AGCO are not connected to this contest in any manner whatsoever and are not liable in any way or any matter related to this contest.

To be eligible, participants must have online access with a valid e-mail address at the date of their entry.

If you participate via a mobile device, you may incur standard data charges from your wireless service provider. Check with your wireless service provider for details about these and other applicable charges. Entrants are solely responsible for any such data charges. If you do not have internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.

If the identity of an entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address by an online service provider, Internet access provider or other organization responsible for assigning the e-mail address for the domain associated with the submitted e-mail address is considered the authorized account holder. An entrant may be required to provide the Contest Sponsor with proof that she or he is the authorized account holder of the e-mail address associated with the winning entry.

 

  1. CONTEST PERIOD AND HOW TO ENTER: The Contest will begin at approximately 9:00 am Eastern Time (“ET”) on or about January 1st, 2023, and will end on April 2nd, 2023 at 11:59 pm ET (the “Contest Close Date”). To enter the Contest, scan the QR code or visit www.shopbeergear.ca/NBAFINALSWEEPS (the “Contest Website”), where you will be required to fully complete a Contest entry form (an “entry”). Limit one (1) entry per person within a 24 hour period. Only one (1) email address may be used by any person to participate in the Contest. No purchase is necessary to enter the Contest. Limit one prize per person/household. Any participant who attempts to enter with multiple accounts under multiple identities will be disqualified and forfeits any prize won, in the Contest Sponsor’s sole discretion.

IMPORTANT: By entering the Contest through the above method of entry, you agree to participate in accordance with, and be bound by, these Rules, and you confirm that you are a legal resident to Canada who is of legal drinking age.

 

  1. HOW TO WIN: There will be a random draw from all eligible entries at approximately 3:00pm ET for ten (10) prizes on April 3rd, 2023.

In the event that there are fewer eligible entries received for the Prize Draw during the Contest Period than the number of prizes to be awarded, the draw will be conducted only to the extent possible to select up to the maximum potential winners under these Rules. No responsibility is assumed by the Contest Parties for any inability of a potential entrant to successfully enter any Draw for any reason or for Prizes that remain unclaimed or unawarded. The Contest Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (e.g. screenshots) does not constitute proof of receipt.

 

Awarding of a prize is subject to verification and compliance with the Rules. Entrants who have not complied with the Rules will be disqualified. The Contest Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Any unclaimed prize will not be awarded.

 

  1. PRIZES: There are a total of ten (10) prizes available to be won, each consisting of a trip to an NBA Finals game in 2023 (see full details below) for a winner plus guest. Approximate retail value of each prize is stated in Canadian dollars.

Trip Details:

Offering ten (10) prize winners the opportunity to experience an NBA Finals game. There are ten (10) prizes available to be won each consisting of: two (2) upper arena tickets (one (1) for the winner and one (1) for the guest) to one of Games 1 to 4 of NBA 2023  finals  game (game as selected by contest sponsor),  two (2) nights hotel accommodation (based on double occupancy at hotel selected by contest sponsor), economy airfare flights to/from winner's home city airport to NBA Final game destination city, transportation to and from the airport in host city, and spending money for $500 CAD (payable to winner only in form of interac transfer, prepaid credit card, or cheque, at contest sponsor discretion). Dates of the trips are to be determined by the Contest Sponsor and dependent on which two NBA teams make the finals. Travel documentation (including Valid Canadian Passport), insurance, taxes, gratuities, all other expenses not specifically included in the above prize description are the sole responsibility of the winner and companion. Transportation to/from destination may be either air or ground depending on proximity to winner’s residence and will be determined by the Contest Sponsor.

Dates of the trip are to be determined by the Contest Sponsor. Trip must be taken during NBA Finals Schedule which is to be confirmed by NBA. Approximate dates for NBA Finals are June 2nd, 2023 – June 16th, 2023. Alcohol is not included in the prize.  Winner and guests are responsible for all costs and expenses not listed above, including but not limited to travel documentation (valid passport for travel to the USA), proof of Covid19 vaccination if required by laws at time of travel, insurance, food and beverage, communications, transportation, hotel incidentals, and all personal expenses.  Winner and guest must be 21 years of age or older. Winner must answer skill testing question and both winner and guest must sign an official Declaration of Compliance and Prize Release form which will be provided by the Contest Sponsor prior to receiving the prize. The Contest Sponsor is not liable if travel is impeded or refused by reason or decisions of any governmental authorities (foreign or domestic), or other airline or airport authorities.  The Contest Sponsor is not liable if travel is impeded or refused by reason or decisions of any governmental authorities (federal or provincial) or regional health authorities.  Regional travel restrictions may apply. Please consult local, state, and federal guidelines for travel restrictions related to COVID-19 prior to booking or participating in travel experiences.

The approximate retail value of each trip is $6,000 CAD, based on St. John's, NL departure but dependant on Canadian city of departure and NBA game host city, and is not transferrable and not redeemable in whole or part for cash. Contest Sponsor reserves the right to substitute prize of equal or greater value at their discretion. 

 

  1. HOW TO CLAIM A PRIZE: IN ORDER TO CLAIM A PRIZE, WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF NOTIFICATION AT THE EMAIL PROVIDED, REGARDLESS OF WHEN IT IS RECEIVED:

(i) Respond to the notification from the Contest Sponsor’s designated agent within three (3) business days and provide the information requested to set up a phone call; 

(ii) Correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, the required time-limited, mathematical skill-testing question to be administered by the Contest Sponsor’s designated agent at a mutually agreeable time within the timeframe stipulated by the Contest Sponsor;  

(iii) Sign the official declaration of compliance and prize release form, which includes releasing the Contest Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of any Prize or any portion thereof and return to the Contest Sponsors’ designated agent by fax or email within three (3) business days of receipt of the official declaration of compliance and prize release form.

(iv) RESIDENTS OF ONTARIO and LCBO WINNERS: Winners will be required to sign a document in a form acceptable to the Liquor Control Board of Ontario (“LCBO”) releasing the LCBO, its directors, officers, employees and agent from all liability of any kind in connection with the contest, or occurring as a result of the prize being awarded;

(v) Otherwise comply with these Rules. 

 

If a potential winner of a Prize fails to meet any of these requirements, he/she will be disqualified and forfeit the Prize they have been selected as eligible to win.  Should the selected Prize winner be disqualified as provided under these Rules, the Contest Sponsor may then, at their sole and absolute discretion, select by random draw another eligible entrant for the Prize whom the Contest Sponsor or its representative will attempt to contact, and who will be subject to disqualification in the same manner.  The potential winner of any Prize may be required to furnish proof of identification that may include a driver’s license or other form of government photo identification as part of the verification process.  The Contest Sponsor and/or Agent will not be responsible for failed attempts to notify the potential Prize winner.

Each Prize must be accepted as awarded and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, which may award a substitute prize of equal or greater value or award the approximate retail value as a cash prize at its sole discretion.  Each Prize winner acknowledges that the Contest Parties have not made or are not in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

 

  1. ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, entrant accepts and agrees to these Rules and all decisions of the Contest Sponsor and it designated agents (who may be employees, agents or independent contractors of the Contest Sponsor), which shall be final and legally binding on entrant in all matters relating to this Contest. All entries become the property of the Contest Sponsor and will not be returned.

The winner agrees to the use of his/her name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Contest Sponsor any and all rights to said use without further notice or compensation. The Contest Sponsor and its respective affiliates are not responsible for printing, technical errors, distribution, or production errors. The Contest Sponsor does not warrant that access to or use of the Contest will be uninterrupted or error-free.

Entrants and/or winners assume liability for injuries caused, or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any Prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, entrants agree: (a) to release the Contest Sponsor and the Administrator, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize , (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statue prohibits such exclusion or limitation of liability.

The Contest Sponsor is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant's ability to participate in the Contest.

 

  1. INDEMNIFICATION: By entering the Contest and/or accepting a prize, the entrant agrees to release and hold harmless the Contest Parties from any liability whatsoever and waive any and all causes of action, for any claims, costs, injuries, losses or damages of any kind arising out of, or in connection with, the Contest or acceptance, possession, or use of any prize (including without limitation claims, costs, injuries, losses or damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Failure to comply with these provisions may result in disqualification.

 

  1. GENERAL: All decisions of the Contest Sponsor shall be final. The Contest Sponsor is not responsible for errors in the offer or administration of this contest, including but not limited to, errors in the advertising, the contest rules, selection of the winners or the distribution of any prize. In the event that, due to an error, more than the advertised number of prizes are claimed, no more than the number of prizes specified in these rules shall be awarded. As such, there will be a random draw conducted amongst all eligible prize claimants after the contest closing date to award the specified prizes. The contest is subject to all applicable federal, provincial, municipal and local laws. The Contest Sponsor reserves the right to modify or terminate this contest at any time without notice to participants.

 

  1. RIGHT TO TERMINATE, MODIFY OR SUSPEND: The Contest Sponsor may at any time, at its sole discretion and without liability, terminate, modify or suspend the Contest in whole or in part, subject only to approvals required by law, if fraud, technical failures or communications or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. Without restricting the generality of the foregoing, in the event of early termination of the Contest, a notice will be posted on the Contest Website to that effect. In addition, for the purposes of determining eligibility to win a Prize in the event of early termination of the Contest, all eligible entries received prior to the time of early termination will be considered as valid and for the purposes of these Rules, the Contest Period will be deemed to have ended at the moment of early termination. The Contest Sponsor reserves the right, at any time, in its sole discretion, to correct any errors, including without limitation, any typographical, printing, computer programming or operator errors. No waiver on the part of the Contest Sponsor to enforce of any term herein shall be deemed a continuing waiver or a waiver of any other term.

 

  1. INVALIDITY: 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 their terms as if the invalid or illegal provision were not contained herein.

 

  1. CONSTRUCTION: Subject to applicable law and these Official Rules, this Contest and the Official Rules shall be governed by Ontario law and all entrants expressly agree that the Ontario courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Contest and agree to submit to the jurisdiction of the courts of Ontario. The venue of any dispute or litigation shall be Toronto, Ontario. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

  1. DISPUTES:
  • RESIDENTS OF QUEBEC: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling.  Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. 
  • RESIDENTS OF CANADA EXCLUDING QUEBEC: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles.  All entrants consent to the jurisdiction and venue of the Province of Ontario.

 

  1. PRIVACY: The Contest Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Contest Sponsor to conduct the Contest and fulfill any prize requirements and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsor, please refer to the Contest Sponsor’s privacy policy, available at https://www.shopbeergear.ca/pages/privacy-policy