Rules and Regulations

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 2020 Memorial Cup (presented by Kia)
(the “Contest”)

Schedule A

RULES AND REGULATIONS

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

  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, 2020 at 12:01 a.m. (Mountain Standard Time) to April 30th, 2020 at 11:59 p.m. (Pacific Standard Time) (the “Entry Deadline”).
  6. 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:
  7. 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).

  1. One (1) grand prize (the “Grand Prize”) will be awarded in connection with the Contest consisting of:
  2. A trip for two (2) (the “Trip”) to Kelowna, BC (the “Destination”) and four (4) nights’ accommodation in a double-occupancy hotel room from May 28, 2020, to June 1, 2020 (the “Trip Dates”) (approximate retail value of three thousand five hundred dollars ($2500), not including applicable taxes and fees);
  3. two (2) tickets for the 2020 Memorial Cup (the “Memorial Cup”) Semi-Final game on May 29, 2020, and (2) tickets to the Final Game of the Memorial Cup on May 31st, 2020 (approximate retail of three hundred and fifty dollars ($350.00), not including applicable taxes and fees) (together, the “Games”); and
  4. $500 Canadian dollars (CAD $500) in cash.

 

  1. With respect to the Trip:

 

  1. Should the Grand Prize winner reside outside of driving distance to Kelowna, the Trip will consist of one (1) round trip economy airfare for the Grand Prize winner and 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;

  1. If the chosen winner resides (within a driving distance of Kelowna, B.C.) the Trip will consist of a travel allowance of five hundred dollars (CAD $500) in cash.
  2. 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 an arena at which the Games are played.  Government restrictions and regulations and hotel, airline carrier, airport or other transportation restrictions and regulations may apply. The 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;

 

  1. 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;

 

  1. 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;

 

  1. 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 28th, 2020 (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
  2. 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.

 

  1. The approximate total retail value of the Grand Prize is four thousand three hundred

dollars ($3,500). 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.

 

  1. 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

The prize cannot be changed. No rainchecks will be provided. The Grand Prize is non-refundable,

non-transferable and may not be reissued or revalidated.

 

  1. All eligible entries for the Contest must be received by Premium Brands by the Entry

The 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

Deadline.

 

  1. For the purposes of awarding the Grand Prize, a random draw will be conducted at an

Office of Premium Brands in Langley, British Columbia (the “Head Office”) on April 30th, 2020 at

Approximately 12:00 p.m. (Pacific Standard Time) (the “Draw Date”), in order to select the Grand Prize winner from among all of the eligible entries received by the Entry Deadline.

 

  1. 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.

 

  1. 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,

a 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 a new winner.

 

  1. 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 2020 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.

 

  1. 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.

 

  1. 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, home video, 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

Customer Service.

 

  1. 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.

 

  1. 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 any 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

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