TO COMPLETE YOUR ENTRY, YOU MUST READ AND AGREE TO THE FOLLOWING TERMS. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT AND ACCEPTANCE OF THESE CONTEST RULES AND REGULATIONS
McSweeney’s Win a Trip to the 2019 Memorial Cup (presented by Kia)
RULES AND REGULATIONS
1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST.
2. All monetary amounts herein are calculated in Canadian dollars.
3. The Contest is open to residents of British Columbia, Alberta, Saskatchewan, and Manitoba who are at least eighteen (18) years of age and have reached the age of majority in the province or territory in which they reside, except the directors, officers, agents and employees of Premium Brands Operating Limited Partnership (the owner of the “Direct Plus Food Group” division) and all of its affiliated and associated entities and divisions (collectively, “Premium Brands”), its advertising and promotional agencies, and all members of their respective immediate families living in the same household.
4. By entering the Contest, each entrant accepts the terms and conditions of these Contest rules and regulations (the “Rules”) and agrees to be bound by them. All decisions of Premium Brands are final with respect to all matters relating to the Contest. The Contest is subject to all applicable federal, provincial and local laws and regulations. The Contest is void where prohibited by law. All entrants must be residents of British Columbia, Alberta, Saskatchewan, or Manitoba.
5. The Contest will be open online only at www.mcsweeneys.ca (the “Website”) from February 1st, 2019 at 12:01 a.m. (Mountain Standard Time) to April 21st, 2019 at 11:59 p.m. (Mountain Standard Time) (the “Entry Deadline”).
6. In order to enter the Contest for a chance to win the one (1) Grand Prize (defined below); each entrant must, by the Entry Deadline:
a. go online at the Website; and
b . Follow the instructions to complete the online entry form in its entirety (including all required contact information and the correct answer to the Skill-Testing Question (as defined below).
7. One (1) grand prize (the “Grand Prize”) will be awarded in connection with the Contest consisting of:
a. A trip for two (2) (the “Trip”) to Halifax, NS (the “Destination”) and four (4) nights’ accommodation in a double-occupancy hotel room from May 23, 2019 to May 27, 2019 (the “Trip Dates”) (approximate retail value of three thousand five hundred dollars ($3500), not including applicable taxes and fees);
b. two (2) tickets for the 2019 Memorial Cup (the “Memorial Cup”) Semi Final game on May 24th, 2019 and (2) tickets to the Final Game of the Memorial Cup on May 26th, 2019 (approximate retail of three hundred and fifty dollars ($350.00), not including applicable taxes and fees) (together, the “Games”); and
c. $500 Canadian dollars (CAD $500) in cash.
8. With respect to the Trip:
a. The Trip will consist of one (1) round trip economy airfare for the Grand Prize winner and the one (1) guest of his or her choice (the “Guest”) departing from the major Canadian international airport that is nearest to the Grand Prize winner’s residence and that will service flights to the Destination for the airline carrier chosen by Premium Brands in connection with the Trip (the “Departure Airport”). The Trip will include
(i) all connecting flights between the Departure Airport and the Destination airport (the “Destination Airport”, and collectively with the Departure Airport, the “Airports”) and
(ii) hotel accommodations (the “Accommodations”) in a standard room based on double occupancy at the hotel (the “Hotel”). For greater certainty, it is understood that the flight(s), airline carrier and Airports in connection with the Trip will be determined exclusively by Premium Brands at its sole and absolute discretion based, inter alia, on its consideration of the aforementioned criteria;
b. The Trip will not include, and as such the Grand Prize winner and the Guest will be responsible for,
(i) any transportation, whether ground or otherwise, to the Departure Airport prior to the departure for the Trip (including between the Grand Prize winner’s and the Guest’s respective residences and the Departure Airport) and from the Departure Airport upon return therefrom,
(ii) any transportation, whether air, ground or otherwise, to the Hotel from the Destination Airport upon arrival at the Destination and from the Hotel to the Destination Airport upon return therefrom, and
(iii) any transportation, whether air, ground or otherwise, to and from the Hotel and to and arena at which the Games are played. Government restrictions and regulations and hotel, airline carrier, airport or other transportation restrictions and regulations may apply. Type of accommodations at the Hotel is subject to availability. For greater certainty and without limiting the generality of the foregoing, it is understood that Premium Brands reserves the right, in its sole and absolute discretion, to change any element of the Trip in the event that reasonable airfare or the accommodations cannot be obtained or in the case of any other circumstances beyond Premium Brands’ control;
c. The Grand Prize winner and the Guest must
(i) travel together on the same itinerary and have the same departure and return dates,
(ii) each has valid travel documents prior to ticketing,
(iii) have the right to exit from and return to their initial departure location and enter and exit from the Destination as well as any other possible stop-over location and (iv) have at least one (1) major credit card in good standing in order to, inter alia, and cover any incidentals or any other requirement at the Hotel;
d. Premium Brands does not assume any responsibility and will not be held liable
(i) for any delays or cancellations of the Trip or Memorial Cup Semi Final or Final games due to inclement weather or any other cause beyond its control,
(ii) in the event that the Grand Prize winner and the Guest are denied entry to or exit from any Airport, the Semi Final or Final game or any other stop-over location or readmission into their initial departure location, and
(iii) any other circumstances beyond Premium Brands’ reasonable control;
e. Travel must be booked through Premium Brands and the final booking of the Trip must take place within five (5) business days of the Award Date (defined below) (the “Booking Date”). Departure for the Trip must take place by May 23rd, 2019 (the “Travel Date”) and the Trip must take place during the Trip Dates. For greater certainty, a Trip cannot be booked after the Booking Date and travel cannot occur outside the Trip Dates. Once booked, a reservation for the Trip may not be rescheduled, changed, extended or substituted. Some additional restrictions may apply; and
f. For greater certainty and without limiting the generality of the foregoing, Premium Brands will not be responsible for any other expenses not specifically mentioned herein related or incidental to the receipt and use of the Trip, including without limitation, any transportation other than as described in Section 8.a. above, meals and beverages, airport and departure taxes, any other taxes or fees, insurance (including baggage, travel and medical), telephone (including long distance charges), internet or fax charges, personal services or expenses such as laundry, valet, room service, gratuities, items or other expenses of a personal nature, any additional hotel accommodations, optional tours or excursions, and any other costs not specifically mentioned herein as forming part of the Trip, all of which will be the sole responsibility of the Grand Prize winner and the Guest.
9. The approximate total retail value of the Grand Prize is four thousand three hundred
dollars ($4,300.00). The actual retail value of the Grand Prize will vary depending, inter alia, on the date and the location of the Departure Airport. The Grand Prize winner will not be entitled to receive the balance of any amount representing the difference of the Trip’s retail value and the Trip’s actual cost, whether in cash, gift cards of any kind or otherwise. No frequent flyer miles will be available for the Trip. The Contest will have a total of one (1) Grand Prize winner.
10. No cash, product substitution or prize equivalent will be permitted. The Grand Prize cannot
be combined or used in conjunction with any other contest or offer. The Grand Prize must be
accepted as is, and cannot be redeemed for cash or gift cards of any kind, in whole or in part.
No component of the Grand Prize may be returned after pick-up. Items comprising the Grand
Prize cannot be changed. No rain checks will be provided. The Grand Prize is non-refundable,
non-transferable and may not be reissued or revalidated.
11. All eligible entries for the Contest must be received by Premium Brands by the Entry
Deadline, must comply with the terms hereof and must have a correctly answered Skill-
Testing Question (defined below). Only one (1) entry per contestant is permitted. All
additional entries will be disqualified. All entries become the property of Premium Brands.
Any entries by third parties, or generated by a script, macro or by any other automated means
whatsoever (including, without limitation, any electronic, robotic or computer automated or
automatic contest entry program, tool, service, script, bot, macro, system or software, whether
commercially developed or otherwise), or that contain typographical errors, are altered,
tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance
with the Rules, will be considered null and void and will cause the disqualification of such
entrant from the Contest and repeated violations of the foregoing may render such entrant
ineligible for future contests or promotions offered by Premium Brands. Odds of winning the
Grand Prize will vary depending on the number of eligible entries received by the Entry
12. For the purposes of awarding the Grand Prize, a random draw will be conducted at an
office of Premium Brands in Calgary, Alberta (the “Head Office”) on April 22nd, 2019 at
approximately 12:00 p.m. (Mountain Time) (the “Draw Date”), in order to select the Grand
Prize winner from among all of the eligible entries received by the Entry Deadline.
13. For the purposes of claiming the Grand Prize, the selected Grand Prize winner will be
contacted by e-mail or telephone within seven (7) business days of the Draw Date (the
“Claim Date”). If the selected winner cannot be reached by the Claim Date, the selected
winner will be disqualified and another winner will be selected by a random draw conducted
by Premium Brands until such time as contact is made by e-mail or telephone with a selected
winner. Premium Brands will not be responsible for failed attempts to contact a selected
winner. If all or part of the Grand Prize cannot be awarded due to actions or circumstances
beyond the control of Premium Brands, a substitute prize (or substitute prizes) of equal or
greater retail value may be awarded at Premium Brands’ sole and absolute discretion.
14. Premium Brands reserves the right to verify eligibility qualifications of the Grand Prize
winner. The Grand Prize winner must comply with the Rules and correctly answer a time limited,
mathematical skill-testing question (without the assistance of another person or
mechanical device) (the “Skill-Testing Question”) included as part of the entry form referred
to in Section 6.b. and/or administered by a representative of Premium Brands during a prearranged,
mutually convenient telephone call and/or as otherwise may be provided by
Premium Brands. In addition to the foregoing and in order to be eligible to receive the Grand
Prize awarded hereunder, the Grand Prize winner must execute a full release and affidavit of
eligibility in a form to be provided by Premium Brands which, inter alia, relieves Premium
Brands from any and all liability for injury associated with any prize awarded to him or her,
as well as satisfy any and all laws and regulations and other criteria required by the Grand
Prize winner’s province or territory of residence (the “Release”). Should the Grand Prize
winners not comply with the Rules, not claim his or her Grand Prize by the Claim Date,
incorrectly answer a Skill-Testing Question, not execute the Release, or otherwise fail to
satisfy any requirement contained herein, an alternate Grand Prize winner will be selected by
a random draw conducted by Premium Brands and the terms and conditions of Section 13 and
Section 14 herein will apply mutatis mutandis to such new winner.
15. The Grand Prize winner will be entitled to be awarded the Grand Prize on the date on which
the eligibility qualifications of the Grand Prize winner have been satisfied in accordance with
Section 14 herein (the “Award Date”). The Grand Prize will be sent to the Grand Prize
winner by e-mail, registered mail or courier to the e-mail or mailing address, as the case may
be, provided by the Grand Prize winner (a signed acknowledgment of receipt at the delivery
location may be required) within fifteen (15) days of the Award Date. Tickets to the 2019 Memorial Cup Semi Final and Final Game will be waiting for Grand Prize winner upon arrival at accommodations. Premium Brands reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Grand Prize to the Grand Prize winner in the event that the Grand Prize cannot be sent to the Grand Prize winner as described in this Section 15 due to any cause beyond the control of Premium Brands. The name of the Grand Prize winner may appear on the Website and/or any other Premium Brands online social networking and media marketing web pages for no less than sixty (60) days following the Award Date.
16. If, by reason of a typographical or other error, more Grand Prizes are claimed than the
number set forth in the Rules, all individuals making purportedly valid claims will be
included in a random draw to award the advertised number of Grand Prizes available. No
more than one (1) Grand Prize will be awarded.
17. By entering the Contest, all entrants irrevocably grant to Premium Brands the right to include
their name and information (including e-mail address) on any of Premium Brands mailing/email
lists and for any live person to person calls for promotional purposes relating to
Premium Brands, and to use their name in any publicity carried out by Premium Brands, and
agree to grant to Premium Brands a non-exclusive irrevocable license and right to
incorporate, use and reproduce their photograph, voice, name, likeness, city or original
hometown and province or territory of residence, in whole or in part in and in connection
with the advertising, exhibiting, marketing, promotion and exploitation of its business in any
manner, in all media throughout the world whether now known or hereinafter devised,
including without limitation, the Website as well as any other Premium Brands online social
networking and media marketing web pages, and all forms of print, radio, television, homevideo,CD ROM, DVD, and other interactive “electronic” media, in perpetuity. Those
individuals who do not wish that their personal information be used for such purposes are
required to so indicate in writing to Premium Brands at the following address: Bay 1, 2355
52nd Avenue SE, Calgary, Alberta, T2C 4X7; ATTENTION: Direct Plus Food Group
18. Without limiting the generality of the foregoing, all costs and expenses not specifically stated
herein to be the responsibility of Premium Brands and all expenses related or incidental to the
receipt and use of the Grand Prize, including any and all surcharges, taxes (federal, provincial
and local) and travel costs, will be the sole responsibility of the Grand Prize winner and no
refund or compensation of any such costs or expenses winner will be made.
19. Premium Brands will not be responsible for lost, stolen, mutilated, late, misdirected or
ineligible entries that may occur in the administration of the Contest. Premium Brands will
not be responsible under any conditions whatsoever for any technical problems or technical
malfunctions relating to the Contest, or for any printing or typographical errors or problems
in connection with any Contest-related materials, including any computer, online, human or
technical malfunctions that may occur in the administration of the Contest. If for any reason the Contest is not capable of
running as planned due to infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, technical malfunctions, any act corrupting or affecting
the administration, security, fairness, integrity or proper conduct of the Contest, or due to any
other cause beyond the control of Premium Brands, Premium Brands reserves the right, in its
absolute and sole discretion, to disqualify an individual and/or cancel, terminate, modify or
suspend the Contest and/or modify the Rules. Any attempt by anyone to damage or disrupt
the Contest will be considered a violation under criminal and civil law. Premium Brands
reserves the right to seek damages or other remedies against such person to the fullest extent
permitted by law, including criminal prosecution.
20. In the event of any dispute regarding entries received from multiple users having the same email account, entries will be deemed to be made by the authorized account holder of the email address submitted during entry. The “authorized account holder” is the natural person
who is assigned to the e-mail address by an internet access provider, online service provider
or other organization that is responsible for assigning e-mail addresses or the domain
associated with the submitted e-mail address. A Grand Prize winner may be required to
provide Premium Brands with proof that he or she is the authorized account holder of the email
addresses associated with the winning entry, or forfeit the Grand Prize.
21. All entrants assume all liability for injuries caused or claimed to be caused by participation in
the Contest, or the use or misuse of the Grand Prize granted herein or any other prize that
may be awarded in connection with the Contest, including any and all losses, damages, rights,
claims, costs, actions and causes of action with respect to the Grand Prize (including without
limitation, in connection with travel). Without limiting the generality of the foregoing, by
entering the Contest, entrants release and forever discharge Premium Brands and its parent
companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors,
shareholders and representatives, from any and all losses, damages, rights, claims, costs,
actions and causes of action of any kind whatsoever arising in connection with the Contest or
resulting from the acceptance, possession, or use or misuse of the Grand Prize granted herein
or any other prize that may be awarded in connection with the Contest, including without
limitation personal injury, death, and/or property damage as well as claims based on publicity
rights, defamation, or invasion of privacy.
22. It is each entrant’s sole responsibility to notify Premium Brands in writing at the address
indicated above if he or she changes his or her e-mail or mailing address or other contact
information. All corrections to contact information must be received by Premium Brands by
the Entry Deadline.
23. If any terms of the Rules are or become invalid, are ruled illegal by any court of competent jurisdiction, or are deemed unenforceable under then current
applicable laws, it is the intention of the parties hereto that the remainder of the Rules will not
be affected thereby and will remain in full force and effect.
24. For an additional set of the Rules and/or the Contest winner’s name, visit the Website or send
a written request by self-addressed, stamped envelope (ensure that sufficient postage is
included) to: Bay 1, 2355 52nd Avenue SE, Calgary, Alberta, T2C 4X7; ATTENTION: Direct
Plus Food Group Customer Service.